Loading...
HomeMy WebLinkAbout07112001HOB~ OF PELICAN iSLAND CITY COUNCIL REGULAR MEETING AGENDA PACKET WEDNESDAY JULY 11,2001 7:00 PM HOME OF PELICAN ISLAND Meeting may be broadcast live on A T & T Cable Channel 25. SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, JULY 1'1,200'1 - 7:00 P.M. CITY COUNCIL CHAMBERS '1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CITY CLERK - 1225 MAIN STREET, SEBASTIAN, FLORIDA Individuals will address the City Council with respect to agenda items immediately before deliberation of the item by the City Council - limit of ten minutes per speaker (R-99-21) 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. INVOCATION - Rev. George Conger, St. Elizabeth's Episcopal Church 4. ROLL CALL 5. AGENDA MODIFICATIONS {ADDITIONS AND/OR DELETIONSJ Items not on the written agenda may be added only upon a majority vote of City Council members (R-99-21) 6. PROCLAMATIONS, ANNOUNCEMENTS AND/OR PRESENTATIONS 7. CITY ATTORNEY MATTERS 8. CITY MANAGER MATTERS 01.075 A. Approval of Revised Interlocal Agreement between the City of Sebastian and the School 1-8 District of Indian River County for Videotaping Services by Sebastian River High School Students (City Manager Transmittal 7/2/01, Revised Agreement) 01.167 B. Status of Banner & Kiosk Program - Community Graphic, Inc. (No Backup) 9. CITY CLERK MATTERS new new 9-11 13-18 01.170 19-34 01.171 35-64 10. 11. Introduction of Ms. Jennifer Maxwell, Records Management Specialist and Digital Imaging Update CITY COUNCIL MATTERS B. C. D. Vice Mayor Bishop Mr. Barczyk Mr, Hill Mr. Majcher 1. Request Attendance by Cit~ Representative at County Commission Meetings (No Backup) E. Mayor Barnes CONSENT AGENDA Afl items on the consent agenda are considered routine end will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City CounCil so requests; in which event, the item will be removed and acted upon separately, A. Approval of 6/27/01 City Council Workshop Meeting Minutes Approval of 6/27/01 Regular City Council Meeting Minutes Resolution No. R-01-53 - Vacationi of Easement - Ferraro - Lots 1 & 2, Block 225, Sebastian Highlands Unit 6 (Growth Management Transmittal 6/29/01, R-01-53, Site Map, Staff Report, Application, Utility Letters) A RESOLUTION OF THE CITY OF SEBASTIANl INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 1 AND 2, BLOCK 225, SEBAST~IAN HIGHLANDS UNIT 6; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. Resolution No. R-01-54 - Vacation of Easement Raymondo/Pearce Lots 10 & 11, Block 12, Sebastian Highlands Unit 1 (Growth Management Transmittal 6/29/01, R-01-54, Site Map, Staff Report, Application, Utility Lelters) A RESOLUTION OF THE CITY OF SEBASTIANI INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 10 AND 11, BLOCK 12, SEBASTIAN HIGHLANDS UNIT 1; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. 2 12. PUBLIC HEARING Procedures for public heatings: (R-99-21) · Mayor Opens Heating · Attorney Reads Ordinance or Resolution · Staff Presentation · Public Input - Limit of Ten Minutes Per Speaker · Staff Summation · Mayor Closes Hearing ° Council Action Anyone Wishing to Speak is Asked to Sign Up before Meeting, When Called go to the Podium and State His or Her Name for the Record 01.132 65-76 01.156 77-82 01.157 83-92 01.172 93-132 13. Second Reading and Public Hearing for Ordinance No. O-01-13 - Regulation of Watercraft on City Waterways (City Attorney Transmittal 7/5/01, O-01-13) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES SECTION 54-2-7.8 REGULATION OF WA TERCRAFT AND CHAPTER 110 ARTICLE II WATERCRAFT; PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE. Second Reading and Public Hearing for Ordinance No. O-01-14 - Collecting Fees from Communication Service Providers (O-01-14, Florida League of Cities Information) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, RELATING TO REQUIRING AND COLLECTING PERMIT FEES FROM PROVIDERS OF COMMUNICATIONS SERVICES AND INCREASING THE LOCAL COMMUNICATIONS SERVICES TAX; PROVIDING FOR iNTENT; PROVIDING FOR ELECTION NOT TO REQUIRE AND COLLECT PERMIT FEES; PROVIDING FOR ELECTION TO INCREASE LOCAL COMMUNICATIONS SERVICES TAX; PROVIDING FOR NOTICE TO T. HE DEPARTMENT OF REVENUE; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Second Reading and Public Hearing for Ordinance No. O-01-15 - Recreational Impact Fee (City Attorney Transmittal 7/3/01, O-01-15) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 74 TO CREATE ARTICLE III RECREATIONAL IMPACT FEES; PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE. Second Reading and Second Public Hearing for Ordinance No. O-00-05 - CLUP Amendment to Industrial (IN) - 14.85 Acres - Gibson Street (Growth Management Transmittal 7/2/01, 0-00-05, Application for Comprehensive Land Use Change, Location Map, Staff Report and P & Z Recommendation) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND USE MAP TO INDUSTRIAL USE (IN) FROM LOW-DENSITY RESIDENTIAL (LD) FOR LAND CONSISTING OF 14.85 ACRES, MORE OR LESS, BEING LOTS 16, 27 AND 28, SECTION 30, FLEMING GRANT; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILI'I-Y; AND PROVIDING FOR EFFECTIVE DATE. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred or was discovered within the previous six months which is not otherwise on the agenda - sign.up required - limit of ten minutes for each speaker 3 14. 01,173 133-148 15. 01.111 149-150 01,169 151 16. 01.174 153-166 01.083 167 01.175 169-176 01.176 177-186 01.177 187-198 01,178 199-204 01.156 205-208 COMMITTEE REPORTS/RECOMMENDATIONS A. City of Sebastian Board Review (Synopsis of Boards) OLD BUSINESS A. Clocktower Locations (Photos previously submitted) B. Service Organizations Sign in Riv~rview Park (List of Organizations) NEW BUSINESS i A. Authorize International Biohazard Services, Inc. to Clean Residence at 962 Evemia Street (Police Dept. Transmittal 7/12/01, iBid Quotes, Sanitary Survey by FL Dept. of Health) B. Approve Sole Source Purchase ol Three Decatur Gemini In-car Video Systems from the Law Enforcement Supply Co. In the Amount of $11,085.00 (Police Dept. Transmittal 7/3/01 ) C. Approve Golf Course Range Nettirlg Contract to Low Bidder, Asplundh Construction Corp. in the amount of $78,910.42 (Golf Course Transmittal 6/28/01, Price Quotes/Bids from Range Netting Vendors, Technical Specifications and Scope of Work of Project) D. Resolution No. R-01-50 - Repealing Resolution No. R-98-02 - Adoption of LDC Application Fees (Growth Management Transmittal 6/29/01, R-01-50 with Attached Exhibit A, Fee Comparisons),' A RESOLUTION OF THE CiTY OF SEBASTIAN, FLORIDA, ADOPTING LAND DEVELOPMENTAPPLICATION FEES; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. I E. Resolution No. R-01-51 Abandonir~g 20' X 50' Long Alley off Jackson Street (Growth Management Transmittal 6/29/01, ir-01-51, Location Map, Legal Description) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, ABANDONING RIGHT-OF-WAY FOR AN ALLEY OFF JACKSON STREET IN OCEAN 'HEIGHTS SUBDIVISION; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY PROVIDING FOR AN EFFECTIVE DATE. F. Resolution No. R-01-52 Abandoning Portion of Indian River Drive Right-of-Way (Growth Management Transmittal 6/29/01, IR-01-52, Location Map) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA ABANDONING A PORTION OF RIGHT OF WAY FOR INDIAN RIVER DRIVE IN SECTIONS EXCEEDING THE STANDARD WIDTH OF SIXTY-SIX FEET; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Resolution No. R-01-55 Adoption Of Telecommunications Tax (City Attorney Transmittal 7/3/01, R-01-55) 01.057 209-212 01,179 213-215 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA RELATING TO REQUIRING AND COLLECTING PERMIT FEES FROM PROVIDERS OF COMMUNICATIONS SERVICES AND ESTABLISHING THE LOCAL COMMUNICATIONS SERVICES TAX RATE; PROVIDING FOR INTENT; PROVIDING FOR NOTICE TO THE DEPARTMENT OF REVENUE; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. Resolution No. R-01-56 Adoption of a Preliminary Stormwater Utility Rate (City Attorney Transmittal 7/3/01, R-01-56) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA SETTING A PRELIMINARY STORMWATER UTILITY RATE FOR PURPOSES OF PUBLIC NOTICE; PROVIDING FOR NOTICE TO THE PROPERTY APPRAISER; PROVIDING FOR AN EFFECTIVE DATE. First Reading for Ordinance No. O-01-17 Amending LDC to Ban Operation of Large-Scale Free-Standing Mulching Machines, Schedule Public Hearing for 8/8/01(City Attorney Transmittal 7/3/01, O-01-17) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES TO CREATE SECTION 50-54 CERTAIN MULCH MACHINES PROHIBITED; PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE. 17. ADJOURN (Afl meetings shall adjourn at 10:30 p.m. unless extended for up to one half hour by a majodty vote of City Council) ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WiTH RESPECT TO ANY MATTER CONSIDERED A T THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR A T 589-5330 A T LEAST 48 HOURS IN ADVANCE OF THiS MEETING. Hearing Assistance Headphones are Available in the Council Chambers for all Government Meetings, Upcominq Meetinc~s: Regular Meeting - Wednesday, 7/25/2001. 7 pm Regular Meeting - Wednesday, 8/8/2001 - 7 pm Budget Workshop. Wednesday, 8/15/01 - 7 pm Regular Meeting * Wednesday, 8/22/01 - 7 pm Regular Meeting and 1'~ Budget Headng - Wednesday, 9/12/01 Regular Meeting and 2'~ Budget Headng - Wednesday, 9/26/01 5 $1 lu SllAN City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject: Revised Interlocal Agreement for Videotaping and Live Broadcast of City Council Meetings Appro 'd for Su al b : City Manager Exhibits: Revised Agreement Agenda No. 01.075 Department Origin: City Manager Date Submitted: 7/2/01 For Agenda of: 7/11/01 Expenditure Required: Amount Budgeted: (Remaining) Appropriation Required: SUMMARY STATEMENT On April 25, 2001, City Council approved an interlocal agreement with the the School District of Indian River County for videotaping services provided by Sebastian River High School students. The agreement was sent on to the School Board for approval and they have returned with a revised interlocal agreement which provides minor text and fee revisions. Fees of $23 per hour for the instructor and $6 per hour for each student are proposed. We anticipate three students per meeting. This arrangement will provide a mutual benefit both to the City of Sebastian and to Sebastian River High School students. The students' expertise will assist in setting up the cable channel 25 package of live broadcasts, replays and public notices. RECOMMENDED ACTION Move to approve the revised intedocal agreement between the City of Sebastian and the School District of indian River County, Florida for videotaping services by Sebastian River High School students. And SCHOOL DISTRICT OF INIDIAN RIVER COUNTY TI-IlS INTERLOCAL AGKEF_,MF. NT, by and between CiTY Oi; SEBAST/AN, INDIAN RIVER COLTNTY, FLORIDA, a Florida municipal corporat/on of thc Sta~ of Florida, by aud through its City Council, h~mina~r referr~ to as CITY and TlqlE SCHOOL DISTRICT OF INDIAN RlXrER COUNTY~ FIX)R.IDA, a part of the State of Florida System of Public t/ducatio'n, bi' and through its School Board. hereinafter referred to as SCHOOL BOARD, for the purpose of providing ~,ide~taping s~rvice to City of Sebastian. W/TNESSED: WHEKt!iAS, the Florida Inter-loc:al Coolx~ration. Act of 1969 (Chapter 163, i~.S.) grimm the CITY and SCHOOL BOARD the authority to enter into intei'-looaI a~eement~; and ~, the SCHOOL BOARD has a progrm~ for teachin$ students the art of t~le'vision videotaping; and ~AS, th~ CITY ha~ d~tenn/ned tba~ it is in the public inter~t to tolevise City Council proceedint~s; and WHE/REAS,/t would be of murua/b~nefit to both parties to have abc SCHOOL BOAP,.D video[ape City Council proceedings; W'HBREAS, it is in the public imm-c st to set forth, by way of agreement, each entkics responsibilities, NOW, T~OR.E~ in consi~afion of ~e mut~ ~s, con~fions, ~mis~s, covenants, ~d ~ses h~n~er set fo~h~ ~d pursuant to the statuary authority set fo~ b~in ~e C~ ~ the SCHOOL BOA~ ~ ~ fol)ows: A. It shall b~ th~ ms~nsibility of ~ SCHOOL BO~D 1, ~vi~ ~ined ~rso~el to op~ the ~quipment to ~co~lfsh in a ~fession~ m~ner the vid~t~ing of City Council m~¢tings. 2, ~n~i~ ~1 n~o~ss~ ~q~pment ]in w~ng con~on for th~ ~ of the ~meat. M~ rc~onabl~ p~oviaion for ~p~r of ~uipm~t when n~c~ss~ and f~ible. 3.~ ap~a~ oom~afioa~ Mg~mc~ ~d worker's ~m~n~t.ion o~ur d~ng vacadon ~ 4. ~vi~ tin.riM comp~$ad~ to $,choo] Dis~ct Rep~senlafive at his hour}y ra~ for d~ ~om~ wMle su~i~g obfigation of ~is a~nt d~ng ~e pm~ not co~d by the bounds of his normal teaching day. This shall ncludc--but not be limited to--all vacation time l~fiods. Provide a designaw, xi represcntat, ive who shall have the following ~-e~ponatbilities: a, Provide trained personn~ to Ol~a~e cameras and control equipment to accomplish the videotaping of m~etings in a professional manner. 'o. If requested by the City, ac~ as custodian of equipment while in use, · tranait, or storage; and. to take all r, asonable aetiom; to ensure its safety and $~urity. c. Be responsible for the safety of its opm-ational personnel and meeting participimts and attendees i~sofar as that safety is related to the, set-up, videotaping, and x'e~aoval of equipment at these meetings. d. Deliver to appropriate liaison(s) the videotape(s) marlmd with meeting and date iufommtion. Designate a liaison to work with the CITY liaison. It ahall be the r~sponsibility of the CiTY to: 1. Pay the SCHOOL BOARD for the videotaping and use of equipment for all City Council meetiags tha~ are videotaped by the SCHOOL BOARD at a rate of $:23 p~ hour for the instructor and $6 per hour t~r student of actual videotaping. This fee will be rounded to the nearest 30 minutes. The rates will i~ negotiatexl cac. h school y, ar. Payment to be made within 30 days of receipt of invoice. 2. Provide adequate lighting for videotaping and cable replay as welI as access to Board's audio system. 3. Arrange for cable replay and to make appropriate payments (if any) for such replay with the cable companies or their agents. 3. Provi~ adequate tratmport~.tion or the cost of transportation for personnel needed to accomplish the taping. Designate a liaison to work with. the School Board'g liaison. FRDM : IRCSD GRL~ SMITN PHON~ NO. : 5~1+56~+5~51 Jul. 0~ 2001 11:54~M P4 C. General 1. Term and cancellation: This agreement shall commence on July 10, 2001, and shall b~ continuing in nature tmlOss and until te, rminat, ct by 30 days written notificatioa by ,,ny pa-'W to thc other 2. Anti-clis~14rnination: The partiez to thi~ agreement will comply with all appli~blc Federal and State civil fights and anti-discrimination taws and r~g-lations, including but not Iimit~d to Title 5/I and VII, Civil Rights Act ~{ 1964, S~tion 504 of the Rehab~mtion AS of 1973, as ara,haled, (Non- Discrimination against the Fmn. dicapped and American~ with Disability Act). It i~ e~:prcssly ;tndm-stood upon!rcx:otpt of substartt/al evidence of such di,e~'iminmion, the parties shall ha¥~ the fight to t~rminat~ this contract for Ammadments: Th~ ~m~t may bo me~nd~d only by writte'~ ¢on,~nt of th~ parties. FROM : IRCSD GREG SMITH ~HONE ND. : S61+56~+3~L51 Jul. 0~ 28B~ ll:JSAM P5 IN WITNESS HEREOF, thc pal~des hereto have causcd this inter-locaI agreement to be executed by their duly authorized officials, CITY OF SF_,BASTLAN, FLOP_iDA By it~ C/ty Council ]By: T~rtence R. Moore, City Manager Date: Attest: Sally A. Male, CMC, City Clerk Date; SCHOOL DISTRiCT OF INDIAN RIVEK COUNTY By its SCHOOL BOARD Herbert L. Bailey, Chairmau Dat~: Reginald Reynolds, School District Representative Date: Att~t: Dr. Roger Dearing, Board Secretary and Superintendent of Schools DRAFT HOME OF PF..LICAN ISLAND SEBASTIAN CITY COUNCIL WEDNESDAY, JUNE 27, 2001 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA WORKSHOP MINUTES Mayor Barnes called the workshop to order at 6:00 p.m. The Pledge of Allegiance was recited. ROLL CALL City Council Present: Mayor Walter Barnes Vice Mayor Ben A. Bishop Mr. Joe Barczyk Mr. James Hill City Council Absent: Mr. Edward J. Majcher, Jr. (Excused) Staff Present: City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams City Engineer, Ralph Brescia Public Works Director, Terry Hill Also Present: Eric Grotke, Camp, Dresser & McKee, Inc. City Council Workshop June 27, 2001 Page Two DRAFT 01.141 WORKSHOP ITEMS A, Vacationof Easement Discussion[- Representative(s) from Camp,_Dresser, McKee,.Inc. Will be Present ('No Backup) ~ The Public Works Director responded to ~uestions from Council relative to whether or not property along rear easements should be vacated. He said vacation requests should be addressed on an individual basis, and if i~ is found that property should be retained they are not signed off on. ~ The City Manager noted that Eric Grotke of Camp, Dresser and McKee, Inc. was present to address this issue. , Mr. Grotke stated that the whole SJRWMD plan was to cut down on water flowing into the rivers, St. Sebastian and Indian River La~; oon, with retention areas so that water backs up into those areas. The master plan that CDM is preparing could be used to assist the City in determining whether easements should be kept. Mayor Barnes inquired whether CDM would be willing to look at vacation requests and be part of the process and Mr. Grotke said he thought they could. Vice Mayor Bishop requested that certaini areas in which Public Works deems that easements should not be vacated, be mapped and plovided to Growth Management. The Public Works Director said it would be hard to map out Clue to the fact there are some problems in every area. Mr. Bishop suggested it be a policy of CoUncil that rear easement vacations are not automatic so there are no misunderstandings with builders and applicants. The City Manager said with the direction of Council, that policy can be established at the City staff meeting tomorrow. He said he could conduct a meeting with developers' representatives within the next week or two to advise them of the policy. Discussion continued on people overbuilding on lots and giving up property which may be needed in the future; the fact that rear easement vacations are not all given because engineering staff is looking at each one n~)w; and allowing staff to make the decision to set some policy and utilizing the services of Mr. Grotke. The City Engineer noted that there is presently a procedure; that CDM will be looking at the whole area and once evaluated, it will be blear what areas will need to be retained. The City Attorney recommended that the ineed to move water in the future in conjunction with the proposed stormwater master plan needs to be looked at now. He said there are a lot of rear easements that are ditches, that new law is requiring the flow of water be slowed down and this will take land. DRAFT City Council Workshop June 27, 2001 Page Three It was the consensus of City Council that staff have a dialogue with builders and utiiitize Mr. Grotke's input. Mayor Barnes asked for a time frame in which the City will know how water needs to flow. Mr. Grotke replied that major canals can be readily identified, the difficulty will be siting, positioning and accessing the retention ponds which will be completed in no more than a year and a half working with SJRWMD models. The City Attorney reminded Council that they will still have the final approval on all vacation of easement requests. Herb Sturm, Sebastian, said he has tried for ten years to have drainage fixed and cited a code that prohibits the restriction of the flow of water. 5. Mayor Barnes adjourned the Workshop at 7:40 p.m. $£ 11AN HOM[ OF' PELICAN ISLAND DRAFT 2. 3. 4. SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, JUNE 27, 2001 - 7:00 P.M,. CiTY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Barnes called the Regular Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. Rev. Ellie Lea of the First Presbyterian Church gave the invocation. ROLL CALL City Council Present: Mayor Walter Barnes Vice Mayor Ben Bishop Mr. Joe Barczyk Mr. James Hill Citv Council Absent: Mr. Edward J. Majcher, Jr.(excused) Staff Present: City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Police Chief, James Davis City Engineer, Ralph Brescia Public Works Director, Terry Hill Roads and Drainage Superintendent, Jerry Converse DRAFT Regular City Council ·Meeting June 27, 2001 Page Three City Attorney Matters Stated the wells in question are on the Filbert Street property and the City is looking at a grant to develop that property; noting the establishment of a well would score points on the City's grant application Reported on the local option gas tax, stating there has been no further action at this time with the Dept. of Revenue; and that he City will send a letter warning that the City will be filing appeal; : Said he will bring the mulching ordinance Ilanguage to the next meeting Reported he was elected as St. Johns RiVer Water Management District representative on the Board of Directors for the Florida Stormweter Association City Manacler Matters None. 9. City Clerk Matters None, 10. City Council Matters A. Mayor Barnes Inquired whether there was anything the City could do under its franchise to exercise penalties for poor service, to which the City Attorney responded the telecommunications act took a lot of authority away, advised this is not an exclUsive franchise, and that loss of service can be deducted from bills. The City Manager said he has advised people to exercise their right to adjust payments. B. Vice Mayor Bishop Inquired about the referendum and suggested that staff look probably be on the 2002 ballot Expressed concern about code violations suggested this could be addressed under Recommended that the public not be kept process TAPE I - SIDE II (7:48 p.m,) 2004 sunset date for the one cent sales tax and whether there will be a nto it and the City Attorney reported that it would it a house on Ocean Cove; and the City Attorney luisance ordinanc out of the loop on the Good Guys property planning Regular City Council Meeting June 27, 2001 Page Five DRAFT 11. Consent A(3enda All Items on the consent agenda am considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of city council so requests; in which event, the Item will be removed end acted upon separately. A. Approval of Minutes - June 8, 2001, Special Meeting B. Approval of Minutes - June 13, 2001, Regular Council 01.161 Approval of Minutes - June 19, 2001, Stormwater Workshop Resolution No. R-01-47 Dept. of Justice Local Law Enforcement Block Grant Program (LLEBG) (City Manager Transmittal 6/21/01, R-01-47) 01.162 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO APPLY FOR'FUNDING FROM THE UNITED STATES DEPARTMENT OF JUSTICE LOCAL LAW ENFORCEMENT BLOCK GRANT (LLEBG) PROGRAM. Resolution No. R-01-48 Florida Dept. of Environmental ProtectiOn Land and Water Conservation Fund Program Grant (City Manager Transmittal 6/21/01, R-01-48) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPLY FOR A LAND AND WATER CONSERVATION FUND PROGRAM GRANT; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. 01.160 Resolution No. R-01-49 Supporting Amtrak Passenger Rail Service (City Manager Transmittal 6/22/01, R-01-49) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA SUPPORTING THE ESTABLISHMENT OF AMTRAK PASSENGER RAIL SERVICE B~EEN JACKSONVILLE AND WEST PALM BEACH ALONG THE EAST COAST OF FLORIDA; AND PROVIDING FOR AN EFFECTIVE DATE. 01.057 Authorize the City Manager to Approve Change Authorization #1 from the St. Johns River Water Management District .and Revised Schedule for the Extension of the Master Stormwater Management Plan Contract from July 1,2001 to March 1,2003 (City Manager Transmittal 6/19/01, Change OrderAuthorization Dated June 1,2001 from SJRWMD Plan Project Schedule) 01.163 Authorize the City Manager to Attend International City Managers Association (ICMA) Annual Conference in Salt Lake City, UT - 9/21/01 to 9/25/01 (City Manager Transmittal 6/21/01) 01.164 Amy Harvey - Wedding Reception at Community Center June 30 until 12:00 am, A/B (City Clerk Transmittal 6/12/01, Application Dated 6/12/01) 01.018 Approve 4t~ of July Celebration Street Closings (City Manager Transmittal 6/21/01, List of Streets to be closed) The City Attomey read Resolution Nos. R-01-47, R-01-48, and R-01-49 by title. He noted that R-01-49 was as amended at the table tonight. Regular City Council Meeting June 27, 2001 Page Seven DRAFT Herb Sturm, Sebastian, discussed a letter from Chief Davis regarding statements by the City Attorney regarding code enforcement fines and a lien placed against his property. TAPE II - SIDE I (8;$5 p.m.) Mr. Sturm continued his input asking hoW City Council can accept false police reports, noted he had submitted a complaint against the police to the Clerk, and said Council needs to directthe City Manager. Gary Kaczenski, Sebastian, asked if a ~ottom rail and ladder can be installed on the long docks at Main Street and the Yacht Club to allow boats to moor while they wait to use the ramps. Mayor Barnes called recess at 8:43 p.mI and reconvened the meeting at 9:58 p.m. All members were present except Majcher. 01.111 14. 15. Committee Reports/Recommendations Old Busin~s~ A. Potential Millennium Clocktower Narrative and Photos.) None .ocations (City Manac~er Transmittal 6/;~1/01, Ma~s, Carolyn Corum, Sebastian, suggested Main Street and U.S. 1 or Main Street and Indian River Drive for the clock's location. Betsy Fieid-Connelly, Sebastian, requested Council not be hasty in its decision, nor stingy in expending funds to locate it, and suggested placement in the center of Fellsmere Road with a circular drive around it. Julianne Barrett said she prefers Main Street and U.S. 1 as the location; and thanked Ann Brack for helping with the 75th Anniversary Committee. · Sal Neglia suggested the southeast corner of U.S. Steve Lada, said placement of the clock ih the middle of Fellsmere Road will block the view of the Indian River from CR512; and suggested Main Street and U.S. 1. Baxter Coston, Sebastian, suggested th~ bluff on High Street. Carolyn Corum noted the Fellsmere location was approximately $100,000. Tut Connelly, addressed the cost. Alita Hirshfeld, Sebastian, said City council needs to find the center of the City. DRAFT Regular City Council Meeting June 27, 2001 Page Nine MOTION by Bishop/Hill "1 would make a motion that we not support the NFPA's 1710 what was the other number involved here? And (bear with me) 1720." Mr. Bishop stated that he would like to send a letter that the Council does not support the proposed rule. ROLL CALL: Mr. Majcher - absent Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye MOTION CARRIED 4-0 16. New Business 01.165 Approv~ the Purchase of a Caterpillar 924G Wheel Loader from Kelly Tractor Company in the Amount of $109,016 ICity Manager TransmLttal 6/12/01, Sales Quote, Federal GSA Contract Letter.) Jerry Converse, Roads and Drainage Superintendent, addressed City Council on the benefits of the proposed purchase. MOTION by Hill/Barczyk "1 move to approve the purchase of a Caterpillar 924G Wheel Loader from Kelly Tractor Company in the amount of $'109,016 from the Federal GSA Contract #GS-30F- 1025D." ROLL CALL: Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - absent MOTION CARRIED 4-0 01,166 Resolution No. R-01-46 - Authorize the Execution of Letter Agreement Amending Existinq Agreement with ICMA Retirement Comoration for the Purpose of Providing Payroll Deductions for Individual Retirement Accounts (.Finance Deot. Transmittal 6/20/01, letter agreement) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, PERTAINING TO PENSIONS, AMENDING THE EXISTING AGREEMENT WITH THE ICMA RETIREMENT CORPORATION PROVIDING FOR AN EXECUTION OF AN LETTER AGREEMENT TO PROVIDE PAYROLL DEDUCTION INDIVIDUAL RETIREMENT ACCOUNTS TO EMPLOYEES; PROVIDING FOR REPEAL OF RESOLUTION OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. City of Sebastian, Florida Subject: Resolution No. R-01-53 Vacation of Easement - Ferraro Lots 1 & 2, Block 225, Sebastian Highlands Unit 6 Ap~9~ r Submitt~i'~ Exhibits: 1) R-01-53 2) Site Map 3) Staff Report EXPENDITURE AMOUNT BUDGETED: REQUIRED: None None Agenda No. 01.170 Department Origin: Growth ManagFm, ent Date Submitted: 6/29/01,~.'d I~ [i,, L.~ (TH) For Agenda of: 7/11/01 4) A?plication 5) Utility Letters APPROPRIATION REQUIRED: None SUMMARY This is a request for a vacation of the side public utility and drainage easements 'located on the south six (6) feet of Lot 1 and the north six (6) feet of Lot 2, Block 225, Sebastian Highlands Unit 6, less the eastern ten (10) feet thereof. The applicant wishes to construct a single family dwelling on a double lot. This request does not abandon any part of the rear 10' drainage easement Adopt Resolution No. R-01-53 RECOMMENDED ACTION RESOLUTIOI~- NO. R-01-53 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 1 AND 2, BLOCK 225, SEBASTIAN HIGHLANDS UNIT 6; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. WHEREAS, a building permit is sought for construction of a new single-family residence at 592 Biscayne Lane within the City of Sebastian; and WHEREAS, the owner of the land upon ~vhich said improvements shall be built has filed a request for abandonment of the public utility an~t drainage easements along the interior lot lines of the site; and WHEREAS, the providers of telephone, electric, cable, water, and drainage utilities have all consented to abandonment thereof; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE~CITY OF SEBASTIAN, as follows: , Section 1. VACATION OF EASEMENT. Sebastian does hereby vacate, abolish, abandon and previously dedicated for a public utility and drainage easement described as follows: The southern most six (6) feet of Lot 1 an~t the northern most six (6) feet of Lot 2, less the eastern most ten (10) feet thereof, all being in Block 225, Sebastian Highlands Unit 6, as recorded in Plat B~ok 5, Pages 93 thru 97, of the Public Records of Indian River County, Florida, i all located within the City of Sebastian, Indian Ri~,er County, Florida. The City Council of the City of discontinue all of that portion of land Section 2. CONFLICT. herewith are hereby repealed. Section 3. RECORDISNG. records of indian River County, Florida. Section 4. upon its adoption. The foregoing EFFECTIVE DATE. All resolutions or parts of resolutions in conflict This resolution shall be recorded in the public This resolution shall take effect immediately Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor Ben A. Bishop Councilmember Joe Barezyk Councilmember James A. Hill Councilmember Edward J. Majcher, Jr. The Mayor thereupon declared this Resolution duly passed and adopted this day of ,2001. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Walter Barnes, Mayor Sally A. Maio, CMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Al~n~y [1~ l~ll PI~OPO~ED / SEPTICTANKr~~/ D~AIN F~tD ~ NOTE: COUNTY WATER ~ ~ P.~U. CURVATURE ( NOT ~RUND ) LEaL DESCRIPTION: LOT5 I AND Z BLOCK ~, ACCORDIN~ TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5 PAGE~ INDIAN RIVER COUNTY, FL ORIDA~ 5UR~YOR'5 NOTES: 1. BEARING5 SHOWN ARE BASED ON THE CENTERLINE OF BISCAYNE LANE AS ~ 51 °49'23' E AS PER RECORDPLAT. 2. NO INSTRUMENT OF RECORD REFLECTING RIGHTS OF WAY AND~R OWNERSHIP WERE FURNISHED TO THIS SURVEYOR EXCEPT AS SHOWN. NO TITLE OPINION IS EXPRESSED OR IMPLIED. 3. THIS SURVEY IS NOT INTENDED TO LOCATE EXISTING UNDERGROUND FOUNDATIONS, ENCROACHMENTS ANY IMPROVEMENT5 EXCEPT AS SHOWN. 4. THE LOT SHO~N HEREON B LOCATED IN FLOOD ZONE 'X' PER FLOOD INSURANCE RATE MAP DATED MAY 4. 5. ELEVATION~ BASED ON ASSUMED DATUM, ELEVATION 50.~ A~SUMED ON THE CENTERLINE OF BBCA YN~ LANE. ABBREVIATIONS: P-PLAT M.MEASURED R~-RIGHTOF A/C.AIR CONDITION COV-COVERED R. RADIUS A-ARC LENGTH D-DELTA ~ENTRAL ANGLE),  ENTERLINME O.U.L.-OVERHEAD UTILITY LI~E5 DE-PUBLIC UTILITY ~ DRAINAGE EASEMENT PK-PARKER LAKOM ( BRAND NAME ) CONC-CONCRETE PLS-PROFES$1ONAL [AND ~URVEYOR LB-LAND ~URVEYING BOUNDARY SURVEY 5-24-2.001 R( SE DRIVE N 38010'37" E 100.00',,. LOT 1 BLOCK 225 [ VACANT ) 52.7' ?ROPOS~D ONE STORY RESIDENCE 50' WELL 7,9' ~.0' N ]8 ' 10'.~ 7' E · LOT 20 BLOCK 2,35 ( V,~CA~r l LOT 2 BLOCK 225 (VACANT) S 38°10'37" W 125.00' ,. NOT ~N~ ~' OF PffO~SED( RE~ID~N(~ ) LOT 19 BLOCK 225 BOUNDARY SURVEY CERTIFIED TO: MR b' MRS FERRARO MGB CONCTRUCTION, INC, LEGEND: ~- FOUND 1/Z' IRON REBAR ~ITH PLASTIC CAP STAMPED 'SMITH 1761" O- SET 5/8' IRON REBAR WITH PLASTIC CAP STAMPED 'PLS 4896' ~. FOUND NAIL ~' I-1/2' DISK! ~)- FOUND NAIL PREPARED BY: CECRLE LAND SURVEYING, INC. FLORIDA LAND SURVEYING L~U~INESS #6637 1074~ HIGHWAY U.S. I, SUITE ~, SEBASTIAN, FLORIDA PHONE (361) .~88-D$20 CERHFIED CORRECT TO THI:' aEST OF MY KNOWLEDGE AND BELIEF IN CONFORMITY WITH THE MINIMUM TECHNICAL STANDARDS SET FORTH B~' THE FLORIDA BOARD OF LA,ID SURVEYORS, PURSUANT TO CHAPTER ~ IGI 7-6 FLORIDA ADMINISTRATIVE CODE, THIS SURVEY IS PREPARED AND CERTIFIED FOR THE EXCLUSIVE USE OF THE CLIENT OR CLIENTS NAMED HEREON, THIS SURVEY I$ NOT ~ALID WITHOU~ THE SIGNATURE AND THE ORIGINAL RASIED S FLORIDA LICENSED SURVEYOR AND MAPPER. LOT 18 BLOCK 2Z5 (V~CANT) SCALE 1'=30' J FIELD BOOK 40-64 ABANDONMENT OF EASEMENT Staff Report Project Name: Residence for Julian & Barbara Ferraro Requested Acfion: Abandonment of the side public utility and drainage easements located on the southern six (6) feet of Lot 1 and the northern six (6) feet of Lot 2, Block 225, Sebastian Highlands Unit 6, less the east ten (10) feet thereof. Project Location: a. Address: b. Legal: Project Owner: a. Name: b. Address: Project Agent: a. Name: b. Address: 592 Biscayne Lane Lots 1 & 2, Block 225, Sebastian Highlands Unit 6 Julian & Barbara Ferraro 183 Tampa Drive Tavemier, Florida 33070 MGB Construction, Inc. ~.~.~ 945 Fellsmere Road Sebastian, Florida 32958 Project Description: a. Narrative of proposed action: Application has been made for abandoment of the side public utility and drainage easements platted on the southern six (6) feet of Lot 1 and the northern six (6) feet of Lot 2, Block 225, Sebastian Highlands Unit 6, less the east ten (10) feet thereof. The clients wish to construct a single family dwelling on a double lot. b. Zoning: RS-10 c. Future Land Use: LDR d. Existing Land Use: Vacant Utilities Comments: Florida Power & Light: Southern Bell: Charter Communications: Indian River County Utilities: City Engineer (drainage): Growth Management Director Comments: Staff Recommendation: approved approved approved approved approved none Approve Re~ ;olution R-01-53 Prepared by Permit Application No. City of Sebastian Development Order Application - Applicant (If not owner, written authorization (notarized) from owner is required) Name: Julian Ferra~o and Barbara Ferraro Address: 183 Tampa Drive; Tavernier, FI 33070 Phone Number. ( 305 ) 852 9982 FAX NumbeF. ( ) E-Mail: Owner (If different from applicant) Name: same Address: Phone Number;. ( ) - FAX Number:. ( ) E-Mail: Type of permit or action requested: abandonment of public utility and drainage easement PLE. ASE COMPLETE ONLY THOSE SECTiONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE A'I-['ACHED AND 81/2" BY 11" COPIES OF ANY A3-rACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. A. Project's Name (if applicable): -B. Site Information Address: 592 Biscayne ~_ane L°t:l & 2 Block: 225 Unit: Indian River County Parcel Zoning Classification: RS-lO ExisMng Use: vacant land Subdivision: 6 Sebastian Highlands 13-31-38-00001-2250-00001.0 Future Land Use: Proposed Use: single family home C. Description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessary): build home over the adjoining property line of Lot 1 and Lot 2 DATE RECEIVED: _.~../~O I IForrn CD-200'I Approved: 08/27/97 Revision: FEE PAID: $ [D~9, " RECEIVED BY: Page f of 3 Development Application File N, me: D°a Permit Appllcatlen Ne, D. Project Personnel: Agent: Name: MGB Construction,. Inc ~illiam Ballough Address 945 Fellsmere Road Sebastian, FT 32958 Phone Number. ( ) 589 7472 FAX Number. ( ) 589 ,- 0663 E-Mail: Attorney: Name: N/A Address Phone Number. ( ) FA~X Number. ( ) E-Mail: Engineer: Name; Ron Keller Addmss US i Sebastian, ~ 32958 Phone Numben ( ) 589 0712 E-Mail: FAk Number. ( ) 589 6469 Sdrveyor: Name: Cecrle Tand Surveying Address 10749 US 1 Suite A Sebastian, Phone Number;. ( ) 38'8 0520 E-Maih FL 32958 FAX Number. ( ) 388 0520 I, ~ ~.4~a F~.,~,~,~ o . BEING FIRST DULY SWORN, DEPOSE AND SAY THAT:..,~ I AM ~E OWNER I ~ ~E ~GAL REPRESE~ATI~ QF ~E OWN~ OF THE PROPER~ DESCRIBED WHICH 18 ~E SU~ECT ~R O~lS APPUCA~ON, AND T~T A~ ~E INFOR~ON, ~PS, DATA AND/OR S~CHES PRODDED IN THIS APPUCATION ARE ~C~N~RUE TO ~E BEST OF ~ ~OWLEDGE AND BELIEF. SIGNORE · : DATE WHO IS PERSONA~Y ~OWN ~ME OR PRODUCED ~ ~ o ~ AS IDE~FICA~ON, ~,S ~~ DAy. oF ~ , ~O~ NOTARY'S SIGNORE _~ /~ PRI~ED NAME OF NOTARY ~~ ~ ~~. AFO~ C~20Of ' '1 Page 2 of 3 i [ Development Applica~on ppmv~: 08~7/97 '[ Revision: ~ I Rle Name: Doe Permit Application No. The following is required for all comprehensive plan amendments, zoning amendment (including rezoning), site plans, conditional use permits~ special use pertnits~ variances, exceptions~ and appeals. I/WE, /~ THE OWNER(S) .... THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT OF THiS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE O-/T"/ COLL/k)P_~ BOARD/COMMISSION OF THE CiTY OF SEBASTIAN (THE 'BOARD"/"COMMISSION~) TO PHYSICALLY ENTEI~ UPON THE PROPERTY AND VIEW THE PROPER'Pt' IN CONNECTION WITH MY/OUR PENDING APPLICATION. ]/VVE HEREBY WAIVE ANY OBJECTION OR DEFENSE l/WE MAY HAVE, DUE TO THE QUASI-JUDICiAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY BOARD/COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. THIS WAIVER AND CONSENT iS BEING SIGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR PROMISES MADE, BY ANY EMPLOYEE, AGENT, CONTRACTOR OR OFFiCtAL OF THE CITY OF SEBASTIAN. SIGNATURE DATE Swam to and subscribed before me by J u~a.~ /-~'/z/g.4~-o ~x~d/ ~>~/~',4~'// /L"~/~ o who is personally known to me or produced /~J~a ,~ as identification, this d~'~ day of /w/,4 '/ Notary's Signature Pdnted Name of Nota~ Commission No./Expiration Seal: L =o,.m cD-_2oo '~ Approved: 0a/27/97 f Revision: Page 3 of 3 Developrnen~ ApplicaEon File Name: Doa Permit Application No. Supplemental Information Easements, vacation of Describe the easement to be vacate¢ (provide a legal description, if possible): public utility and drainage easement between Tot 1. Block 225 Unit and lot 2 Block 225 Unit 6 Why is this vacation of an easement being request? to construct a single family d~elling 3. Attach a survey showing the location of the property lines, all easements and all structures on the property. ,Approved: 8/27/97 Revision: ; File Name: Sieasev BELLSOUTH Illllie C:. gceenllel General Managllr-Netwatk Ol:~erahans Indian River Divieion 5~1 ~B8 9~7G Fex ~1 46~ ~705 June 22,200t Dorris Bosworth City of Sebastian 122S Main .q~'eet Sebastian, Florida 32958 RE; PETITION TO ABANDON/VACATE EASEMENT Dear Ms Bosworth: Per your request, BelISauth has no objection to the abandonment of the utility easement described herein: The public utility and drainage casement located cm tim south six (fi) Feet 'o l* Lot I and the north - six (6) feet of Lot 2. Block 225, Sebastian HighI~d-~ Unit 6. We have no faciliti¢, within this portion of said utility casement. For furth~ a.saistance please contact Kirk Walk,r at (561) 468-5538. Yours u'uly, Billie C. Greenlief General Manager cc: Kirk Walker Ci~ of SebaStian 1225 MAINSTREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5537 D FAX (561) 589-2566 REOUEST FOR ABANDONMENT OF EASEMENT May 30, 2001 Description of Easement to be abandoned: The public utility and drainage easement located on the south six (6) feet of Lot 1 and the north six (6) feet of Lot 2, Block 225, Sebastian Highlands Unit 6, less the eastern ten (10) feet thereof. Location of Easement: 592 Biscayne Lane Sebastian, Florida UTILITY: Ken/~/~k~er Communi,:ations APPROVED: ~ ~ APPROVED/DENIED BY: --' t,,' ~ (signature) COMMENTS: FAX NO: 589-3872 Remm to: Dorri Bosworth, City of Sebast~an,i Growth Management Department Fax No. (561) 589-2566. · . City of Seb~s~iaa ~ ~OUEST ~'gR AB~ONMENT O3' ~AS~lVfENi '~- May 30, 2001 Descri~tion_~f]~semen~t to be abandoned: The 1~blic ~tili~/~ ~'e~n~e =sem~t located ~ th~ ~outh six (6) f¢~t of Lot 1 ~d the north ~ix (6) feet of Lot 2, Block 225, Scb~'ti~n Hi~h/a.uds Uni~ 6, le~ the eastern tan (10) f~,,t thereof, UTILITY: Pedro Rubier~, FPL AP?ROVED: APPROVED/DENT~_..'D BY: COMMENTS: FAX NO: (561) 489-6224 Z Re'0a-n to: Don'i Bosworth, City of $~bastian, Growth M~matem~mt D~pamn~ Fax No, (561) 599.2566, MAY.@O. ~E 21 lB: 55AM ~LDG DEPT SEBRSTTRH l~u. ~i ~. l/c- City. of SebaStian 1225 MA/N STREET [] SEBAIST1AN, FLOP, IDA 32955 TELEPHONE (561) 589-$537 !C FAX (56I) 559-2566 REQUEST FOR A,B,hNDON~NT OF EAS~ May -" O, :2001 ~iption of Ea~eme2~t to be abando~lvd: Thc public utility md draiuage eas~raant located on the south six (6) fe~ of Lot 1 a~d the north six (6) fe~t of Lot 2, ]Block 225, Scbastiaa Highlands Unit 6, les~ the eastern ten (l.O) feet thereof, Location o[ Easement: 592 Biscayne Lane, Sebastian, Florida APPROVED: ~ AP?R OVED/DENIED BY: UTILITY: Kevin N. Os~hus, I.R.C. U~ilitieS DEMED:I (~igmmre) COMMENTS: FAX NO: 770-$143 DATE: Rerun. to: Dom Bosworth, Ci~ of Sebastian, Grov~ Mana~emenl: Depamuent F~ No. (561) 589-2566, 122~ MA~ STP. gET ~ sou~ s~ (6) f~et of Lot 1 UTILITY: R:dph Brescia, City Engineer / DENTED: " COMMENTS: F.~ NO: ~89~209 DATE'. Returu to: Dcrri Bo_~w~h, Ctly of Sebastian, ~ Man~cmen~ Depanm~l F~x No. (561) ~89-2566, City of sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561)589-5537' [] FAX (561)589-2566 TO: FROM: DATE: RE: Rich Stringer City Attomey Dorri Boswo~ June 29, 2001 Resolution for Abandonment of Easement Please review the attached resolution for the abandonment of the side yard easements for Mr. & Mrs. Ferraro on Lots 1 and 2, Block 225, SebaStian Highlands Unit 6. If everything is okay, please forward to the City Manager. City of Sebastian, Florida Subject: Resolution No. R-01-54 Vacation of Easement - Raymondo/Pearce Lots 10 & 11, Block 12, Sebastian Highlands Unit 1 Agenda No. 01.171 Department Origin: Growth Managem ~m Date Submitted: 6/29/01 Ap~~Submitt.alJ~fh Exhibits: 1) R-01-54 2) Site Map 3) Staff Report EXPENDITUILE AMOUNT BUDGETED: REQUIRED: None None For Agenda of: 7/1. 1/01 4) A-~plication 5) Utility Letters APPROPRIATION REQUIRED: None SUMMARY This is a request for a vacation of the side public utility and drainage easements located on the northeastern five (5) feet of Lot 10 and the southwestem five (5) feet of Lot 11, Block 12, Sebastian Highlands Unit 1, less the northwest ten (10) feet thereof. The applicant wishes to construct a single family dwelling on a double lot. This request does not abandon any part of the rear 10' drainage easement. Adopt Resolution No. R-01-54 RECOMMENDED ACTION RESOLUTION NO. R-01-54 A RESOLUTION OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 10 AND 11, BLOCK 12, SEBASTIAN HIGHLANDS UNIT 1; PROVIDING FOR CONFLICTS HEREWITH; PROVID~G FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. WHEREAS, a building permit is sought for construction of a new single-family residence at 198 Main Street within the City of Sebastian; and WHEREAS, the owners of the land upon which said improvements shall be built have filed a request for abandonment of the public utility and drainage easements along the interior lot lines of the site; and WHEREAS, the providers of telephone, electric, cable, water, and drainage utilities have all consented to abandonment thereof; NOW THEREFORE, BE IT RESOLVED BY TI-IE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. VACATION OF EASEMENT. Sebastian does hereby vacate, abolish, abandon and The City Council of the City of discontinue all of that portion of land previously dedicated for a public utility and drainage easement described as follows: The northeastern five (5) feet of Lot 10 and the southwestern five (5) feet of Lot 11, less the northwest most ten (10) feet thereof, all being in Block 12, Sebastian Highlands Unit 1, as recorded in Plat Book 5, Page 14, of the Public Records of Indian River County, Florida, all located within the City of Sebastian, Indian River County, Florida. Section 2. CONFLICT. herewith are hereby repealed. Section 3. RECORDING, records of Indian River County, Florida. Section 4. upon its adoption. The foregoing EFFECTIVE DATE. All resolutions or pans of resolutions in conflict This resolution shall be recorded in the public This resolution shall take effect immediately Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor Ben A. Bishop Councilmember Joe Barczyk Councilmember James A. Hill Councilmember Edward J. Majcher, Jr. The Mayor thereupon declared this Resolution duly passed and adopted this day of ,2001. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Walter Barnes, Mayor Sally A. Maio, CMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City At~t&ney LINE, LOT 12 I 40.~0' P, 40.00' ABANDONMENT OF EASEMENT Staff Report Project Name: Residence for Theresa Raymondo & Ronald Pearce Requested Action: Abandonment of the side public utility and drainage easements located on the northeastern five (5) feet of Lot 10 and the southwestern five (5) feet of Lot 1 l, Block 12, Sebastian Highlands Unit 1, less the northwest ten (10) feet thereof. Project Location: a. Address: 198 Main S~eet b. Legal: Lots 10 & 11, Block 12, Sebastian Highlands Unit 1 Project Owner: a. Name: Theresa Raymondo & Ronald R. Pearce b. 'Address: 501 S. Dolphin Circle Barefoot Bay, Florida 32976 Project Agent: a. Name: MGB Construction, Inc. b. Address: 945 Fellsmere Road Sebastian, Florida 32958 Project Description: a. Narrative of proposed action: Application has been made for abandoment of the side public utility and drainage easements platted on the northeastern five (5) feet of Lot 10 and the southwestem five (5) feet of Lot 11, Block 12, Sebastian Highlands Unit 1, less the northwest ten (10) feet thereof. The clients wish to construct a single family dwelling on a double lot. b. Zoning: RS-10 c. Future Land Use: LDR d. Existing Land Use: Vacant Utilities Comments: Florida Power & Light: Southern Bell: Charter Communications: Indian River County Utilities: City Engineer (drainage): Growth Management Director Comments: Staff Recommendation: approved approved approved approved approved none Approve Resolution R-01-54 Prepared by Permit Application No. City of Sebastian DeveloPment Order Application Applicant (If not owner, written authorization (notarized)_from owner is required) Name: Theresa V. Raymondo and Ronald R. Pearce Address: 501 S. Dolphin Circle; Barefoot Bay, F]~ 32976 Phone Number:. ( 561 ) 664 ' 3308 FAX Number. ( ) E-Mail: _Owner (If different from applica_nt) Name: same Addre~: " Phone Number. ( ) FAX Numben ( ) E-Mail: " Type 0fpermit or action requested: vacate 5' public utility & drainage easement between tot~ 10 and ll Dloak t2 Unit t S~s%ian tIightanc~ PLF..ASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATTACHED AND 81/2" BY 11" COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. A. Project's Name (if applicable): B, Site Information Address; 198' Main Street Lot: Block: Unit: Subdivision: 10/11 12 1 Sebastian Highlands Indian River County Parcel #: 01-31-38-00002-0120-00010.0 Zoning Classification: Future Land Use: Existing Use: vacant land Proposed Use: single family dwelling C. Description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessary): vacate 5' public utility and drainage easement between Tots 10 and 11 Block 12 Unit 1 Sebastian Highlands DATE RECEIVED: ~_~__I~._./.L~ FEE PAID: JForrn CD-2OOY Approved: 08/27/97 I Revi. sion: Page f of 3 tDevelopment Application File Name: Doa Permit Application No. D. Project Personnel: Agent: Name: Address Phone Number:. ( 561 ) MGM Construction, Inc William Ballough 945 Fellsmere Road; Sebastian, FL 32958 589 ' 7472 FAX Number. (561 ) 589 0663 E-Mail: Attorney: Name: N/A Address Phone Number. ( ) FAX Number. ( ) E-Mail: Engineer: Name: Ron Keller Address US 1 Sebastian, FT 32958 Phone Number. (561) 589 0712 E-Mail: FAX Number:. (561) 589 ' 6469 Surveyor: Name: Cecrle Tand Surveying, Inc Address' 10749 US 1 Suite A; Sebastian, FL 32958 Phone Numbe~. ( 561 ) 388" 0520 FAX Numbe~. ( 561 E-Mail: ) 388" 0520 I, zgr ~ ¢¢-,¢ AM THE LEGAL REPRESENTATIVE QF THE OWNER OF THE PRQPERI'Y DESCRIBED WHICH I.,~ THE SUBJECT MATTER QF THIS APPLICATION, AND THAT ALL THE INFORMATION, MAPS, DATA AND/OR SKFTCHES PROVIDED IN THIS APPLJCATIQN ARE ACCURATE AND TRUE TO THE BEST QF MY KNOWLEDGE AND BELIEF. · WHO IS PERSONALLY KNOWN T¢ ME OR PRODUCED O-~'~ AS IDENTIFICATION, THIS 3 . DAY OF NOTARY'S SIGNATURE ~ _~_; My COM~SS~)N # cc 782 PRINTED NAME OF NOTARY ' - - -- ~ '8~-3-NOTAAy Fla. Nola S~' , · COMMISSION NO./~Pi~TION $~L: IForrn CD-200'I Approved: 08/27/97  Page 2 of 3 I Development Application · Revision: File Name: Doe Permit Application No. The following is required for all comprehensive plan amendments, zoning amendment (including rezoning), site plans~ conditional use permits, special use pernlits~ variances~ exceptions~ and appeals, I/WE, ~ THE OWNER(S) ~ THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE . BOARD/COMMISSION OF THE CI'i'Y OF SEBASTIAN (TilE 'BOARD'J"COMMiSSlON") TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION. I/WE HEREBY WAIVE ANY OBJECTION OR DEFENSE lANE MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY BOARD/COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE UNITED STATES CONSTTI'UTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. Notary's Signature Printed Name of Notary Commission No./Expiration Seal: THIS WAIVER AND CONSENT I$ BEING SIGNED BY ME/US VOLUNTARILY AND NOT AS a RESULT OF ANY COERCION APPLIED, OR PROMISES MADE, BY ANY EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN. Sworn' to and subscribed before me by who is pemonally known to me or produced as idenfifi~tion, this tForm CD-2007 Approved: 08/27/97 Page 3 of :3 Revision: Development Application File Name: Doa Permit Application No. Supplemental Information Easements, vacation of Descdbe the easementte be vacated (provide a legal description, if possible): Vacate the West 5' Public Utility and Drainage Easement of Lot 11 and vacate the East 5' Public Utility and Drainage Easement of Lot 10 Why is this vacation of an easement being request? Construct a single family dwelling over the lot lines Attach a survey showing the location of the property lines, all easements and all structures on the property. Form CD-2009 · Approved: 8/27/97 Page ~ of '~ Revision: Vacation of Easemen File Name: Siea.~ev BLD~ DEPT SEBASTIAM P. L,'2 City of Sebastian I225 NLaffN STREET Q SEBASTIAN, FLORIDA 32958 TELEPI-iONE (56I) $E9-5-~37 [] FA_)[ (561) 589-2566 REQUEST_FOR ABANDONM~.OF EAS~EBtE,'WT 3unz ?, 2001 Descrigtion of Easement to be abandoned: The pubLb u~ility md drainage easement located on the northeastern five (5) fee~ of Lot 10 and thc southwestern five (5) f¢~t of Lot 11, Bto~k 12, Seb~fiam Highlands Unk 1, less ~¢ no~w¢~ ~en (10) fe~ ~cof, Location of]Easement: I98 M/fin Street, Sebasfiar~ Florida UTILITY: Ralph Brescia, City Engineer FAX NO: ~89-6209 APPROVED: ~/ D/DENI-ED BY: COMMENTS: Dorri Boswonh, City of Sebastian, Growth Management Depmsmem F~ No. (561) $89-2566. City ~f Sebastian JUN 1 8 1225 MAiN STP~ET [] SEBAST~, FLORIDA 329~8 TELB?HONE (561) 589-5537 [] FAX(261) 589-2566 REOLTEST FOR ABA~_~ID_ON3~Ei~ O~ EASEMENT June ", 2001 Deac_._..! Infloq of l~as.ment to ~%allando~ed: The p~c u~ md ~a msment loc~d c,n fl~e no~eastm~ five (5) fe~t of Lot 10 ~d fl~e sou~weatem five (5) fe~ of Lot tl, Block 12, 8eb~t/~ Highl~ Unit 1, less ~e no.west m (10) feet ~eof, Location of Easement: 198 Main S~et, Sebasti~ Florida UTIIITY: Kev~ N. Osthus, L~C. U~ties F~ NO: 770-~143 ~P~.O~D: ~ D~: DA~: COMMENTS: Re~J.r i to: Dorri Boswort~, Cily of Seba,tian, Crrowth Management Departme~ Fax Nc. (561) 589-2566. 1225 MAIN STI~I~T [] .~EI3ASTIAN, FL~KIDA TELEPHON~ ($61) $g9-3.~37 S FAX (5~1) $894566 June ?, 2001 th~ northea~a five (.5) feet of Lot 10 ~nd the souHwcstem five (5) £eet of Lot 11, Block 12, $ob~st-i~rn Highlands Uait 6, les~ th~ northwest ten [10) L.%cation of Easement: I9g Main $~r~ Sebasii~, Florida UTILITY: Pedro Rubi~rs, FPL APPROVED: X DENIED: APPRO VED/D E'NIED BY :_ _~,d~~ . (signat,,tre) FAX NO: (-~61) COMMENTS Return to: Dom Bosworth, City of Seh~cim, Growr. h Manag'cmmt D~nm~t Pax No. (561) 589-2566. City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5537 [] FAX (561) 589-2566 REOUEST FOR ABANDONMENT OF EASEMENT June 7,2001 Description of Easement to be abandoned: The public utility and drainage easement located on the northeastern five (5) feet of Lot 10 and the southwestern five (5) feet of Lot 11, Block 12, Sebastian Highlands Unit 1, less the northwest ten (10) feet thereof. Location of Easement: 198 Main Street, Sebastian, Florida UTILITY: Ke~-~ter Communications APPROVED:'~~ DE/~D: _..~ APPROVED/DENIED BY: ~~'r~'"-'~ture) ' FAX NO: 589-3872 COMMENTS: Return to: Dorri Bosworth, City of Sebastian, Growth Management Department Fax No. (561) 589-2566. City of Sebastian 1225 MAIN STREET D SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5537 [] FAX (561) 589-2566 TO: FROM: DATE: RE: Rich Stringer City Attorney Dorri Boswo~f~ June 29, 2001 Resolution for Abandonment of Easement Please review the attached resolution for the abandonment of the side yard easements for Ms. Raymondo & Mr. Pearce on Lots 10 and 11, Block 12, Sebastian Highlands Unit 1. If everything is okay, please forward to the City Manager. Thank you. :jk BELLSOUTH gellle~k Toleoemmagi~aLIg~o inc. :~300 Qkeechobee Road Room 213 Fort Pierce, FL. 34547-,455~2 llllio C. Omfdisl General MensgBr-Network Operetione indian River Oivilion ~I 468 99~G Fax 561 455 4705 June 22,2001 Dorria Bosworth City of Sebastian 1:~25 Maini Street Seba~tlano Rot'ida 32958 RE: PETITION TO ABANDON/VACATE EAS: Dear Ms Boswonh: ~MENT Per your request, BellSouth has no objection to tlae abandornnent o f the utility described herein: The public utility and drainage ca.~emcnt located ion the northeastern five (5) Feet of'Lot the southwestern five (5) feet of Lot 11, Block 12, Sebastian Highlands Unit 1. We have no facilities within thio portion of said fltility easement. For furthe~ aa,,iatane~ please contact Kirk Walke~ at (561) 468-55311. Yom~ truly, gillie 12. IGr~enlief General Manager cc: Kirk Walker City of Sebastian, Florida 0~IC~ O~~ T}~ C1T~ A~Ot~Y ~ AGENDA TRANSMiTTAL Agenda ]No. 01. 132 Subject: motorized b oats, Ordinance O -01-13 D ate Submitted:, 7 / 3 / 01 For Agenda'of: - 7 / t 1/01 SUMMARY: Pursuant to Council direction, the Code restrictions for maximum three horsepower gas-powered boat engines on the residential waterways is being changed to an outright ban. Additionally, repetitive and mis-designated provisions between the Land Development Code and the general Code are transferred and cleaned-up. RECOM3~NDED ACTION: ORDiNANCE NO. O-01-13 AN ORDiNANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES SECTION 54-2-7.8 REGULATION OF WATERCRAFT AND CHAPTER 110 ARTICLE H WATERCRAFT; PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE. WHEREAS, the City Council finds that certain provisions relating to the operation of watercraft that are found in the Land Development Code do not relate to the use of land, and should be transferred; and WHEREAS, the City Council has determined that it is the public interest to ban operation of all watercraft powered by internal combustion motors from the residential waterways of the City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That the Code of Ordinances, City of Sebastian, Florida, section 54- 2-7.8 is hereby amended to read as follows: Sec. 54-2-7.8. Regulation of watercraft (a) Rcgular moo~ing of watereraft/livc aboard roguMtione. (4-)l The following restrictions shall apply to regularly moored watercraft: a. Regularly moored watercraft shall not be permitted as business offices or other related commercial enterprises. This provision shall not preclude the regular mooring of watercraft for fishing operations, charters, pleasure and other water- dependent uses, provided said mooring is located at an approved private dock, commercial marina, or approved anchorage identified by the United States Coast Guard and depicted on nautical charts. b. Onl_v minor repairs and/or maintenance Of w~ercrat~ in residential areas is permitted and only When such repairs or mainten~n.c.e_j3 performed by the person who is both the owner (or ten~t)..Qf~.th~ real propert_v and owner of the watercr,~, 0~r at his direc~;iOlZ b. ,M1 watercraft utilieing the waters of tho city 9hall be-maintained in a seaworthy condition; o~oopt when in a permitted repair area. [Note: transferred to sec. j jo-s8] o. Under no circumstances shall an5' vessel anchor or moor in arena that have been determined by the Florida Department of gm~ironmental Protection as protested a~e for wildt~fe and plant life in tl~ submerged lands. [Note: transferred to sec. 110-35] And in no event shall any owner or operator of an)- -oo0sol di0oharg~ a~' untreated human waste or other debris. c. tbPermanent live-aboards are not permitted in waterways within the jurisdiction of the City of Sebastian. ~.Transient live-aboards are permitted within the City of Sebastian witkin any commercial marina within the city limits that maintains moorings and/or slips at docks for transient live-aboards, to encourage the use of the waterways of the city and to promote an increase in the economic base of the community provided the following conditions are met: i. All such facilities shall provide litter receptacles and marine sanitation pump- out facilities as required by the Federal Environmental Protection Agency and the Florida Department of Environmental Protection. ii. Such facilities may make available to users of offshore moorings a dock expressly for the purpose of accessing said moorings by dinghy or other small vessel; and may charge a reasonable price for the use of said dock. iii. Such facilities shall maintain records of all such moorings of transient live- aboards. ('bj).Boat limitations.on oit)' ~vaten~)~, Only boats powered by electric motors or by an internal combustion casino not exceeding throe horsepower tlmt is-operated in accordance with tho specifications of tho manufaotaror, canoes ancl patldl~-bo~t.c ma0' na-dgate local water, rays, canals and takes within tho city limits of Sebastian. The Sebastian River and the Indian River Lagoon arc o~mludod from fhi~ostriotion. [Note: transferred to sec. 110-36 and amended] Section 2. That the Code of Ordinances, City of Sebastian, Florida, section 110-35 is hereby amended to read as follows: Sec. 110-35. ComplianCe with state rules and regulations governing boats. All operators of watercraft are hereby charged with knowledge of and compliance with all rules and regulations of the state governing the licensing, operation and title certification of boats, including F.S. chs. 327 and 328, as amended. Under no circumstances _shall any y~s,sel anchor or moor in. areas thi!t have been determined by the Florida Devartment of EoYironmental Protection as protected areas for wildlife and pliers life in the submer~ged lands. Section 3. That the Code of Ordinances, City of Sebastian, Florida, section 110-36 is hereby amended to read as follows: Sec. 110-36. Speed restrictions; water ~lding and similar activities prohibited in certain areas. (a) It shall be unlawful for the operator of any watercraft to operate such watercraft at a speed greater than "slow-down minimum wake" as defined by Florida law, at all times such boat is within 150 feet of a bridge, dock, pier, wharf, mooring or launching area, or is within a lagoon, bay estuary, canal or lake, or is at a place in the Sebastian River or Indian River which has a distance from shore to shore which is 300 feet or less. Co) Water skiing, aquaplaning or similar activities are prohibited utilizing any watercraft within 300 feet of any bridge, dock, pier, wharf, mooring or launching area, or upon any lagoon, bay estuary, canal or lake within the corporate limits of the city. (c) ExcepI ;for ..vessels performing: a go,erin, em~l. f2u~ _nctio~ boats powered by an internal combustion, engine may not operate upon local.walerways, canals and lakes within the city limits, of S~eb. agiaxi, however, the Sebasti~. Rj'ver and t. he_ [~diao.._~y_.er~Lagoon are excluded from this r~trictio~ Section 4. That the Code of Ordinances, City of Sebastian, Florida, section 110-37 is hereby amended to read as follows: Sec. 110-:57. Excessive noise. No operator or owner of a watercraft shall cause or allow excessive noise in the operation or use of watercra~ or equipment thereon, including blowers, machinery, motors, horns, etc., on board any watercraft in violation ~e nuisance provisions ofo,haptor 16 et acct. of this Code. Section 5. That the Code of Ordinances, City of Sebastian, Florida, section 110-41 is hereby amended to read as follows: Sec. 110-:58. Health and sanitation rules; disorderly conduct, etc. All persons on board any watercraf~ located upon any waterway within the city limits shall comply with all health and sanitary rules or regulations of the city, and all ordinances of the city relating to the conduct of persons, including acts contrary to health, safety, morals or public peace, and including ordinances prohibiting disorderly conduct or loud or boisterous noises which disturb the peace. Al! watercraft utilizing the waters of the city sb~all be maintained in a seaworthy condition, except wh~en in..i~_p..ermitted re. pair area. Section 6. That the Code of Ordinances, City of Sebastian, Florida, section 110-41 is hereby amended to read as follows: Sec. 110-41..Repairing of. Reserved. Only minor rcpai, m and/or maintonanoe of watororaft in residential areas io permitted and o~ly when suob repairs or maintonanoo is performed i~~ the poraon who is b~t-h tho owner (or tenant-) ortho real property qmc[ owner of tho wat~r-oraf~, or at his dirootien. [Note: transferred to sec. 54-2-7.8(b)] Section 7. That the Code of Ordinances, City of Sebastian, Florida, section 110-42 is hereby amended to read as follows: Sec. 110-42. U~ing as plate of-buoine0~. Reserved. No watororm°t moored or dookod on-any of the p~btioly dodioatod ,,~tor~,ayc in tho oit~ shall bo used as a plaoo v&ore any sales or sor~qoos of any typo whatsoo¥or-are oonduot~d; provided, howry,,or, that thi~ prohibition shall not upply to sales and oor,,ioos ~,,~ually rendered by ohartor fishing boats or-sightsooingJoootc lioonaod bO' tho oity. Section 8. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 9. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or Unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 10. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its adoption by the City Council. The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor Ben A. Bishop Councilmember Joe Barczyk Councilmember Edward J. Majcher, Jr. Councilmember James Hill The Mayor thereupon declared this Ordinance duly passed and adopted this 11th day of July, 2001. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Mayor Walter Barnes Sally A. Malo, CMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney ORDINANCE NO. O-01~14 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, RELATING TO REQUIRING AND COLLECTING PERMIT FEES FROM PROV'fl)ERS OF COMMUNICATIONS SERVICES AND INCREASING THE .LOCAL COMMUNICATIONS SERVICES TAX; PROVIDING, FOR INTENT; PROV]])ING FOR ELECTION NOT TO REQUIRE AND COLLECT PERMiT FEES; PROVIDING FOR ELECTION TO INCREASE LOCAL COMMUNiCATIONS SERVICES TAX; PROVIDING FOR NOTICE TO THE DEPARTMENT OF REVENUE; PROVIDING FOR SEVERABIL1TY; PROVIDING AN EFFECTIVE DATE. WitEREAS, section 337.401(3)(e)1., Florida Statutes (2000), requires each municipality to make an election regarding the payment of permit fees by providers of communications services and further requires each municipality to inform the Department of Revenue of the election by certified mail by July 1, 2001; and WHEREAS, a municipality ~may require and collect permit fees from any providers of communications services that use or occupy municipal roads or rights-of-way for the provision of communications services. However, to ensure competitive neutrality among providers of communications services, a municipality that elect~ to exercise its authority to require and collect permit fees will have an automatic reduction in the rate of the local communications services tax for the municipality, as computed under section 202.20(1) and (2), Florida Statutes (2000), as amended, by a rate of 0.12%; and WHEREAS, alternatively a municipality may elect not to require and collect permit fees from any provider of communications services that uses or occupies municipal roads or rights- of-way for the provision of communications services. If the municipality elects not to require and collect permit fees, the total rate for the local communications services tax as computed under section 202.20(1) and (2), Florida Statutes (2000), as amended, for that municipality may be increased by ordinance by an amount not to exceed a rate of 0.12%; and WHEREAS, section 34, Enrolled CS/CS/SB 1878 by the 2001 Florida Legislature further amends section 337.401(3)(c)1., Florida Statutes (2000), to state that the Department of Revenue must be informed of a municipality's election by certified mail postmarked on or before July 16, 2001; and W~REAS, section 34, Enrolled CS/CS/SB 1878 by the 20001 Florida Legislature further provides that if a municipality elects not to require and collect permit fees from any provider of communications services that uses or occupies municipal roads or rights-of-way for 01: the provision of communications services, the total rate for the local cormuunications services tax as computed under section 202.20(1) and (2), FlOrida Statutes (2000), as amended, for that municipality may be increased by ordinance or }esolution by an amount not to exceed a rate of 0.12%. The bill .further provides if a municipality elects to increase its rate effective October 1, 2001, the municipality shall inform the Department of Kevenue of such increased rate by certified mail postmarked on or before July 16, 2001; and WliEREAS, section 337.401(3)(c)1., Florida Statutes (2000), further provides that if a municipality does not make an election and holily the Department of Kevenue, it is presumed that the municipality elects not to require and collect permit fees from any provider of communications services that uses or occupies 'municipal roads or rights-of-way for the provision of communications services, and such municipality will be authorized to increase its tax rate by an amount not to exceed a rate of 0.12%; and ~ Wlt-EREAS, whatever election.the muniI:ipality makes, such election shall take effect on October 1, 2001. ~ NOW, TItEREFORE, BE IT ORD, iINED BY ~ CITY OF SEBASTIAN, FLORIDA AS FOLLOWS: SECTION 1. Intent. It is the intent of the City of Sebastian to! make an election under section 337.401(3)(c)1., Florida Statutes (2000), as amended by section 314, Enrolled CS/CS/SB 1878 by the 2001 Florida Legislature, regarding the City of Sebastian's decision on whether to tequke and collect permit fees from any providers of communications services that use or occupy municipal roads or rights-of-way for the provision or-communications services. SECTION 2. Election Not to Require and Collect Permit Fees. The City of Sebastian elects not to requffe and collect permits fees from any provider of communications services that uses or occupies rr/unicipal roads or rights-of-way for the provision of communications services. As provided in section 337.401(3)(c)1.,. Florida-Statutes (2000), this election shall take effect October 1, 2001. SECTION 3. Election to Increase Local Communications Services Tax. Pursuant to section 337.401(3)(c)1.b., FlOrida Statutes (2000), as amended by section 34, Enrolled CS/CS/SB 1878 by the 2001 Florida Legislature, the City of Sebastian elects to increase its total rate for the local communications services tax as computed under section 202.20(1) and (2), Florida Statutes (2000), as amended, by an amount of 0.12%, and this election shall take effect October 1, 2001. SECTION 4. Notice to the Department of Revenue. The City Council of the City of Sebastian directs that notice of the above elections be provided to the Department of Revenue by certified mail by July 16, 2001, as provided in section 34, Enrolled CS/CS/SB 1878 by the 2001 Florida Legislature. SECTION 5. Severability. ' The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall, for any reason, be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but shall remain in effect, it being the legislative intent that this Ordinance shall stand nofwithstanding the invalidity of any part. SECTION 6. Effective Date. The effective date of this Ordinance shall be immediately upon its passage by the City Council of the City of Sebastian. The foregoing Ordinance was moved for adoption by The motion was seconded by Councilmember upon being put to a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor Ben A. Bishop Councilmember Joe Barczyk Councilmember Edward J. Majcher, Jr. Councilmember James Hill The Mayor thereupon declared this Ordinance duly passed and adopted this 11t~ day of July, 2001. Councilmember and, CITY OF SEBASTIAN, FLORIDA ATTEST: By: Mayor Walter Barnes Approved as to form and legality for reliance by the City of Sebastian 0nly: Sally A. Maio, CMC City Clerk Rich Stringer, City Attorney MEMORANDUM FLORIDA To: i City Managers City Attorneys From: Subject: Kraig A. Corm, Deputy General Counsel John Wayne Smith, Associate Director, Legislative Affairs Model Fee Ordinance for TelecOmmunications Companies Occupying Municipal Rights-of-Way for Telecommunications Facilities and Timeline Date:t~, May 24, 2001 Attached for your review is a Model Fee Ordinance for Telecommunications Companies Occupying Municipal Kights-of-Way for Telecommunications Facilities ("Model Fee Ordinance"). Included with the Model Fee O~inance is an Introduction explaining how and why the ordinance was produced. In.summary, under the provisions of the new Communications Services Tax Simplification Law, CS/CS/SB 1878, the Florida League of Cities believes each municipality should consider adopting as many as 2 different ordinances. Thc explained in the Introduction. The second ordi: communications companies' placement and mai~ of-way. first ordinance is the Model Fee Ordinance, as aance would be a general ordinance regulating ttenance of communications facilities in rights- Also, included in the package in the package is a timeline for cities to follow for implementing the tax changes, summary of major changes to fights-of-way provisions, Model Rights-of-Way, and a copy of CS/CS/SB 1878. If you have any questions on the Model Fee C contact me or John Wayne Smith at 850-222-968 KAC/srh: rdinance, please have your municipal attomey Enclosures 301 South Bronough, Suite 300, Post Office Box 1757, Tallahassee, FL 32302-1757 Telephone (850) 222-9684, Suncom 278-5331 ,iFax (850) 222-3806 e Internet: www.flclties.corn MODEL MUNICIPAL RESOLUTION/ORDINANCE FOR AN ELECTION NOT TO REQUIRE AND COLLECT PERMIT FEES FROM ANY PROVIDERS OF COMMUNICATIONS SERVICES THAT USE OR OCCUPY MUNICIPAL ROADS OR RIGHTS-OF-WAY FOR THE PROVISION OF COMMUNICATIONS SERVICES AND TO ELECT TO INCREASE THE LOCAL COMMUNICATIONS SERVICES TAX FLORIDA LEAGUE OF CITIES MAY 16, 2001 INTRODUCTION This is a Model Municipal Resolution/Ordinance for an election not to require and collect permit fees from any providers of communications services that use or occupy municipal roads or rights-of-way for the provision of communications services, and for an election to increase the local communications services tax by 0.12%. EaCh municipality and county is required to make an election regarding permit fees under section 337.401(3)(c),-Florida Statutes (2000), and notify the Department of Revenue. Current law states that the Department of Revenue must be notified of the election by certified mail postmarked on or before July 1, 2001. This date is changed in section 34, Enrolled CS/CS/SB 1878 by the 2001 Florida Legislature to July 16, 2001. A copy of section 337.401, Florida Statutes (2000), and a copy of the pertinent sections of Enrolled CS/CS/SB 1878 are attached for your review. AS OF THE DATE OF TIlE PRINTING OF THIS MODEL RESOLUTION/ORDINANCE, ENROLLED CS/CS/SB 1878 ltAD NOT YET BEEN ACTED UPON BY THE GOVERNOR. WHILE IT IS UNLIKELY, ~ GOVERNOR COULD VETO THIS BILL. IF THE GOVERNOR DOES VETO TltE BILL, TltE FLORIDA LEAGUE OF CITIES WILL DISTRIBUTE APPROPRIATE NOTICE AND RECOMMENDATIONS. If a municipality chooses not to require and collect permit fees, the municipality may elect to increase the total rate for the local communications services tax as computed under section 202.20(1) and (2), Florida Statutes (2000), as amended, by resolution or ordinance by an amount not to exceed a rate of 0.12%. Section 337.401(3)(c)1.b., as amended by section 34, Enrolled CS/CS/SB 1878. The bill further provides that if a municipality elects to increase its rate effective October 1, 2001, the municipality must inform the Department.of Revenue of such increased rate by certified mail postmarked on or before July 16, 2001. if your municipality elects to require and collect permit fees from any providers of communications services that use or occupy municipal roads or rights-of-way for the provision of communications services, you may still use t~e format of this Model Resolution/Ordinance, making the necessary substantive changes to the provisions of the Model. However, if your municipality elects to require and collect permit fees, your municipality must abide by the permit fee restrictions provided in section 337.401(3)(c)1.a., Florida Statutes (2000), including, for example, a cap of $100 per permit. In addition, your municipality's local communications services tax rate shall be automatically decreased by 0.12% (Section 337.401(3)(c)1.a.). Thus, the determination of whether to impose permit f~es is one with financial implications that should be considered by your municipality in making a d6cision As noted, this Model Resolution/OrdinanCe is designed for a municipality that elects not to require and collect permit fees and desires t6 increase its rate for the local communications services tax as computed under section 202.20(1) and (2), Florida Statutes (2000), as amended, by the full amount of 0.12%. However, if your imunicipality chooses not to require and collect permit fees, it may choose to increase its tax rateiby any amount up to 0.12% or may choose not to increase its tax rate at all. The tax increase is e~tirely at your municipality's option. NOte that section 35, Enrolled CS/CS/SB 1878 further amends section 337.401, Florida Statutes, effective October 1, 2001. The bill creates new paragraphs (j) and (k) of subsection 337.401(3) to state that a municipality may change its election regarding requiring and collecting permit fees on an annual basis, but certain restrictions must be followed. A certified copy of your municipality's iResolution or Ordinance on permit fees and any tax increase should be sent by certified mail postmarked on or before July 16, 2001 to: Revenue Accounting - Communications Services Tax, Florida Department of Revenue, Post Office Box 6609, Tallahassee, Florida 323:}9-6609. City of Sebastian, Florida Subject: Ordinance O-01-15; Recreational impact fee AGENDA TRANSMITTAL Agenda No. 01.1 5 7 Date Submitted: 7/3/01 For Agenda of: 7/11/01 SUMMARY: The City Comp Plan has adopted levels of service for various recreation facilities. It is the policy of the state of Florida, and through adoption of comprehensive plans, the municipalities, that growth pay for its own impacts on public facilities. In the past the City has approved new development without requiring dedication of recreation facilities because of the inventory of park land that the City maintains. This ignores two key points: 1. It allows new development, piece-by-piece, to lower the current standards enjoyed as a result of the resources generated by the efforts of existing residents. 2. While we have "park lands", we do not have parks due to lack of funding to improve these vacant tracts. Some highly visible sample tracts that could be improved to provide Neighborhood Parks include the block at Barber/George Street or the tract at Barber/Filbert; there are many more examples throughout the City identified in the Comp Plan, all owned by the City as designated park lands. Estimates of the construction costs of the requisite facilities have been obtained from our own past projects and from surrounding agencies. Additionally, land values for tracts around the City that meet the park land requirements have been averaged. Because General Development conveyed numerous park tracts to satisfy any future dedication requirements for development of the Highlands, a proportional credit for the land acquisition costs must be given to units in the Highlands. Additionally, a system is provided for situations where the City and developer agree that it would be best for land or facilities to be provided directly from the developer in exchange for credits against the impact fee. The recommended effective date gives some time for contracts legitimately in the final stages to get a permit before the fee kicks in, but should prevent a mad rush of applications thrown- together just to beat the fee. Since funds must be expended in a way that offsets impacts of new development, any expenditures for neighborhood, as opposed to community-wide, facilities must occur where the funds originated within one of four zones established by the ordinance. These zones are roughly a cross-section of the City running north-south along Fleming Street and the Collier Waterway, and east-west from CR512 over to the top of Schumann Lake. These revenues are earmarked and can only be us~ for acquisition, construction and upgrades that enhance the level of service provided for recr~ replacement, no administrative/personnel costs. $178,000. RECOMMENDED ACTION: Adopt Ordinance O-01-15. AUTHORIZED PLACEMENT ON AGENDA ,ational uses. No maintenance, no repair and .stimated first year revenues are approximately CITY MANAGE~~~.~. ORDINANCE NO. O-01-15 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA; AMENDING CODE'OF ORDINANCES CHAPTER 74 TO CREATE ARTICLE IH RECREATIONAL IMPACT FEES; PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE. WItEREAS, the City Council finds that growth should pay for its own impacts rather than burdening the resources of the existing citizenry; and WItEREAS, the City Comprehensive Growth Management Plan adopts levels of service for various parks and recreational facilities; and WitEREAS, the City Council has determined that it is the public interest to require new development to provide facilities equivalent to the adopted levels of service even in areas where sufficient capacity exists because it is unjust to the citizenry to allow new growth to lower existing standards that are above the minimum requirements of the City; and WItEREAS, the City Council finds that under existing market conditions, and based upon the statistical average of 2.52 residents per household as set forth in the Comprehensive Plan, it is a fair estimate that the cost to meet the levels of service for land acquisition is $325 and for facility construction is $650 per household; and WItEREAS, pursuant to that certain action styled in re General Development Corporation, et al, Case No. 90-J223]-BKC-AJC, United States Bankruptcy Court for the Southern District of Florida, conveyances of land were made to the City in satisfaction of any future requirement to dedicate land for park use in the development of Sebastian Highlands; and WltEREAS, a funding source is needed to develop this inventory of unimproved park land as well as future park acquisitions; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That the Code of Ordinances, City of Sebastian, Florida, is hereby amended to create Chapter 74, Article III Recreational Impact Fee beginning with section 74-50 which shall read as follows: Sec. 74-50. Fee required. The payment of a fee to the city in the amount of $975 to be used for the acquisition, expansion, construction and provision of city recreational facilities shall be required as a conditior~ of the issuance of a building permit for any newly constructed dwelling unit of any kind. A dwelling unit shall be considered newly constructed whether it is constructed on a vacant lot or parcel, is the reconstruction or renovation of a building that was not previously occupied as a dwelling unit of any kind, or whether it is an additional dwelling unit added to a lo4, parcel, tract of property, thereby increasing the total number of dwelling Units to two (2) or more. Section 2. That the Code of Ordinances, City of Sebastian, Florida is hereby amended to create a new section to be numbered section 74-51 which shall read as follows: Sec. 74-51. Credit for parcels vested under 1992 Bankruptcy Court Order. Pursuant to the Settlement Agreement and Order in Case No. 90-12231- BKC-AJC of the United States Bankruptcy Court for the Southem District of Florida, the fee for lots developed ptlrsuant to the plats of the Sebastian Highlands Units 1-17 shall be $650, which represents a credit of $325 for the pro-rata amount of the impact ~'ee attributable to costs of land acquisition under the level of service stahdards of the Comprehensive Plan. Section 3. That the Code of Ordinances, City of Sebastian, Florida is hereby amended to create a new section to be numbered section 74-52 which shall read as follows: ' Sec. 74-52. Credit for the dedication fif land for active recreation uses. Upon the dedication of two (2) or mor~ contiguous acres of land to the city as hereinafter set forth, a developer shall receive a credit against the fee otherwise required to be paid pursuant, to this article. The credit shall be applied as follows: (1) The credit shall become effective upon city council acceptance of the dedication of the land. Said land shall not be accepted by the city council unless it finds the land to be suitable for public park or active recreation purposes. In determining the suitability of the land for such purposes, the city council may consider all factors and variables affecting such suitability, including, but not limited to: a. Access from paved public streets. b. Size. c. Fair market value. d. Physical characteristics and qualities. e. Proximity of the land to other recreation facilities. f. Availability of city funds to construct facilities on the land. g. Conformance with the city's comprehensive plan. Conservation lands required as a condition of development approval by regulatory agencies shall not be eligible for impact fee credits. (2) The fair market value of the land to be dedicated shall be established by a formal MAI appraisal which is acceptable to the city. The appraisal shall be provided by the developer at his expense. The developer shall provide the City Manager or his designee with detailed plans and specifications of any improvements and facilities to be constructed thereupon, including estimates and information as to costs, and the city shall make a determination as to the credit available for such construction. (3) The land shall be dedicated to the city in fee simple, and shall be free of any liens or encumbrances. (4) The credit shall be calculated as a ratio of the fair market value of land dedicated, plus the value of any facilities constructed thereupon by the developer, divided by the total recreational impact fee required to be paid. The fee required to be paid pursuant to this article shall be reduced by the percentage of credit determined by the above formula. (5) Recreation impact fees credited to a developer, for dedications and improvements eligible for impact fee credits, shall be provided on a lot by lot basis. The impact fee amount shall be reduced equally for each lot or in the case of multi:family residential projects each dwelling unit, within the development by assessing the total impact fee per lot or unit minus the proportionate share of the credit applied to each lot. (6) If the percentage of credit is one hundred (100) per cent or more, no fee shall be required to be paid. Any dedications valued in excess of the total projected impact fee due for the project shall result in an impact fee credit in favor of the developer, which shall be assignable and shall remain in effect for a maximum often (10) years. Such excess credits may be used anywhere within the City if arising from the dedication of a Community Park facility. However, credit arising from dedication of Neighborhood Park facilities may only be utilized within the recreational zone in which the development containing the dedicated facility is located. (7) A recreation impact lfee agreement shall be provided governing credits and payment of fees. i Such agreement shall be acceptable to the city attorney and city manager, and shall be recorded. Section 4. That the Code of Ordinances, City of Sebastian, Florida is hereby amended to create a new section to be numbered section 74-53 which shall read as follows: Sec. 74-53. Time of payment. The fee required by this article shall be paid at the time the building permit is issued for each dwelling unit. : Section 5. That the Code of Ordinances, City of Sebastian, Florida is hereby amended to. create a new section to be numbered section 74-54 which shall read as follows: Sec. 74-54. Establishment of Recreation Zones The City shall be divided into fohr (4) recreational zones which shall function as service areas for Neighborhobd Park facilities as follows: Zone ,d - Begin at the intersection of centerlines of Fleming Street and CR 512; thence follow centedine of Fleming Street north to Main Street; thence follow centerline of Main Street northeast until it intersects with the perpendicular extension of thellot line between Lots 3 & 4, Block 12, Sebastian Highlands Unit 1; theace follow said extended lot line through to the boundary of Roseland ~atellite Airfield Tract 1 (Sebastian Municipal Airport); thence follow alogg said boundary to the west and north, and continue along the same as i~ becomes the boundary to Roseland Satellite Airfield Tract 3, continuing as the same line becomes the City Limits; thence follow said City Limits tO the west and around until the same intersects with CR 512; thence follow northeast along the centerline of CR 512 to the Point of Beginning. Zone B - Begin at the intersection of centerlines of Fleming Street and CR 512; thence follow centefline of Fleming Street north to Main Street; thence follow centerline of Main Street northeast until it intersects with the perpendicular extension of the lot line between Lots 3 & 4, Block 12, Sebastian Highlands 'Unit 1; thence follow said extended lot line through to the boundary of Roseland Satellite Airfield Tract 1 (Sebastian Municipal Airport); thence follow along said boundary to the west and north, and continue along the same as it becomes the boundary to Roseland Satellite Airfield Tract 3, continuing until said line intersects with the City Limits along the northwest comer of the former St. Sebastian PUD; thence follow said City Limits to the northeast and around until the same intersects with the boundary between Sections 7 & 18; thence follow west along said section line continuing as it becomes the boundary between Sections 12 & 13 until the same intersects with the centerline of CR 512; thence along said right-of-way to the Point of Beginning. Zone C -Begin at the point the City Limits intersect the boundary of Sections 7 & 18 from the north; thence follow said City Limits east and around south until the same intersects with Powefline Road; thence follOw the centefline of Powerline Road north to Barber Street; thence follow Barber Street to the west and north to the centefline of the Elkam Waterway; thence follow the centerline of the Elkam Waterway east to mouth of the Collier Waterway; thence follow the Collier Waterway to the point it intersects with the boundary of Sections 12 & 13; thence follow east along said section line, continuing as it becomes the boundary of Sections 7 & 18 to the Point of Beginning. Zone D - Begin at the point the boundary of SectiOns 12 & 13 intersects the centefline CR 512; thence follow said section line east to the point the Collier Waterway intersects the same from the south; thence follow the centerline of the Collier Waterway until it intersects with the Elkam Waterway; thence follow the centefline of the Elkam Waterway to the west to the centerline of Barber Street; thence follow the. centefline of Barber Street to the south and east to the intersection with Powefline Road; thence follow the centefline of Powerline Road south to the City Limits; thence follow the City Limits to the west and around to the north to CR 512; thence follow along the centerline of CR 512 to the northeast to the point of beginning. Section 6. That the Code of Ordinances, City of Sebastian, Florida is hereby amended to create a new section to be numbered section 74-55 which shall read as follows: Sec. 75-55. Use of fees paid. ' / The fees paid pursuant to this a~ticle shall be segregated and held in trust by the city in its recreation trust fund. The city shall maintain records of monies collected adequate to determine the amount contributed to the fund from each particular development. The funds collected from any development shall be used only to acquire, construct or provide recreational improvements or facilities, but may not be used on a Neighborhood Park facility located in a different Recreation Zone than the one containing the originating development. The city shall maintain records of all funds expended and the purposes for which they were expended. Funds must be encumbered for a qualifying project i within seven (7) years of being collected. Section 7. CONFLICT. All o~dinances or parts of ordinances in conflict herewith are hereby repealed. ~ Section 8. SEVERABILITY. Ia the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that ithe City Council would have enacted the remainder of this Ordinance without said inYalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 9. EFFECTIVE DATE. i This Ordinance shall take effect August 1, 2001, following its adoption by the City CoUncil. Complete and proper building permit applications submitted prior to the effective date shall not be assessed the fee, however, the fee shall become due upon filing any supplemental information for the application or for any extension of a pre-existing building permit. The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor Ben A. Bishop Councilmember Joe Barczyk Councilmember Edward J. Majcher, Jr. Councilmember James Hill The Mayor thereupon declared this Ordinance duly passed and adopted this 11th day of July, 2001. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Mayor Walter Barnes Sally A. Maio, CMC City Clerk only: Approved as to form and legality for reliance by the City of Sebastian Rich Stringer, City Attorney HO~: OF PF~IC, AIq City of Sebastian, Florida Subject: Second reading for Ordinance No. O-00-05, a large-scale amendment to the comprehensive plan which amends the future land use map to Industrial (IN) for certain property located adjacent to Dale Street just South of Gibson Street along the far Northern City limits, containing 14.85 acres more or less. Agenda No. 01.17 2 Department Origin: Orowth Management Date Submitted: July 02, 2001 For Agenda of: July 11, 2001 ApC~/'0r Sub~~ Exhibits: O-00-0~', Application for Comprehensive Land Use Change, Location Map, Staff Report and P&Z recommendation. EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: None REQUIRED: None None SUMMARY C.N.K. Inc. has submitted an application for a large-scale amendment to the comprehensive plan, which amends the future land use map to Industrial (IN), from Low Density Residential (LD) for 14.85 acres of land. The property in question is adjacent to Dale Street just South of Gibson Street along the far Northern City limits, via Roseland Road access. The property owner previously requested re-designation of the land use to LD and zoning to RE-40 to accommodate residential/equestrian use. However, the owner now wishes to change the land use designation to IN to accommodate a proposed Styrofoam manufacturing facility. A Habitat Conservation Plan/Scrub Jay Habitat area lying within the corporate limits of the City of Sebastian surrounds 10 acres of the subject property. The remaining 4.85 lies adjacent to residential/mixed use property lying within unincorporated Indian River County. Attached you will find an application for comprehensive land use change, a detailed staff report and a location map. Additional attachments include the transmittal letter to the Department of Community Affairs (DCA), the DCA Objections, Recommendations and Comments report, along with a series of letters addressing the concerns that were raised within said report, and the new school siting criteria language as requested by DCA. ~ The planning and zoning commission recommended approval of this comprehensive land use change at their regular meeting on January 20, 2000. Furthermore, the City Council passed the first reading of Ordinance No. O-00-05 at a public hearing held on February 23, 2000. RECOMMENDED ACTION Hold a second public hearing and second reading of Ordinance No. 0-00-05. ORDINANCE NO. 0-00-05 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN WHICH! AMENDS THE FUTURE LAND USE MAP TO INDUSTRIAL uSE (IN) FROM LOW-DENSITY RESIDENTIAL (LD) FOR LAND CONSISTING OF 14.85 ACRES, MORE OR LESS, BEING LOTSi 16, 27 AND 28, SECTION 30, FLEMING GRANT; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVID~G FOR SEVERABILiTY; AND PROVIDING FOR EFFECTIVE DATE. WHEREAS, the City Council has considered the application of the C. N. K., Inc., for an amendment to change the land use for certain property, as reflected on the Future Land Use Map from LD (Low-Density Residential) to IN (IndUstrial Use); and WHEREAS, the City Council has coniidered the criteria identified in Section 20A- l 1.8(c) of the Land Development Code and Fl6rida Statutes together with the findings and recommendations of its staff and the Planning and Zoning Commission; and WHEREAS, the City Council has prox~ided notice of the proposed Plan Amendment and has conducted the required public hearings to receive citizen input; and WHEREAS, the City Council has cons Comprehensive Land Use Plan; and !WHEREAS, the City Council has dete Comprehensive Land Use Plan, are consistent ~ development goals of the City of Sebastian. idered the applicable provisions of the existing :mined that the proposed changes in the City vith the existing comprehensive plan and the future NOW, THEREFORE, BE IT ORDA [NED BY THE CITY COUNCiL OF THE CITY OF SEBASTIAN, iNDiAN RIVER COUNTY, FLORIDA, as follows: Section 1. AFFECTED PROPERTY. The small scale amendment to the Comprehensive Plan Future Land Use Map adopted by this Ordinance shall affect the following described real property, now lying and being within the incorporated area of the City of Sebastian, indian P, Jver County, Florida: Lots 16, 27 and 28, Section 30, Fleming Grant, (as subdivided by he Carter Survey as recorded in filed in Plat Book 2 Page 11 of the Public Records of Brevard County, Florida, and A.A. Berry's Plat as recorded in filed in Plat Book 2 Page 25 of the Public Records o£ Brevard County, Florida). Section 2. DESIGNATION. The Comprehensive Plan Future Land Use Map shall be amended to IN (Industrial Use) for the affected property as described in Section 1, above. Section 3. TRANSMITTAL. The City Manager is directed to transmit a certified copy hereof to the authorities designated under Fla. Stat. 163.3184(3) upon passage at first reading, and proceed herewith in accordance with the provisions of Fla. Stat. Chapter 163. Section 4. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 6. EFFECTIVE DATE. This Ordinance shall take effect upon issuance of a Notice of Intent by the Florida Department of Community Affaks finding the amendment herein in compliance. ADOPTION The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember to a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor Ben A. Bishop Councilmember Joe Barczyk ! Councilmember Edward J. MajCher, Jr. Councilmember James Hill ~ and, upon being put day of The Mayor thereupon declared this On ,2001. ATTEST' Sally A. Maio, CMC City Clerk linance duly passed and adopted this __ CITY OF SEBASTIAN, FLORIDA By: Walter Barnes, Mayor Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney PASSAGE UPON FIRST READING The foregoing Ordinance was moved for passage upon first reading by Councilmember ~d/~~ . The motion was seconded by Councilmember ~..~/L~ and, upon being put to a vote, the vote was as follows: Mayor Chuck Neuberger Councilmember Joe Barczyk Councilmember Walter Barnes Councilmember Ben A. Bishop Councilmember Edward J. Majcher, Jr. Kathryn M~a~,~C/AAE City Clerk ADOPTION Ordinance was moved for adoption by Councilmember The seconded by Councilmember to a vote, the vote follows: being put Mayor Councilmember Joe Barnes Ben A. Bishop Cc Edward J. Majcher, Jr. See next pursuant page - change of City Council members to March 2000 and 2001 elections. City ofSebastian Development Order Application ~Applicant (If not ow. ner, written authorization (notarized) from owner is required) Name: ~.// I ~'/'I ~ Address: Phone Number: (~-&l)0~'~' '.j-~¢' ~-/7 E-Mail: Owner (If different from applicant) Address: ' Phone Numbe~ (~ ~ F~ Numbe~ Permit Application No. ( ) ,I' Type of permit or action requested: /-,J~-~ ~ U,.¢~'- I~ ~ PLEASE COMPLETi= ONLY THOSE $[C, TtONS WHICH ARE N[C;F.,~SARY FOR THI= PERMIT OR AOTION THAT YOU AR[ RE. QUBSTING. COPIES OF Abb MAPS, 8URVI:ys, DRAWINGS, ETC. SHALb BE ATTAOHED AND 81/?" BY 11 ' COPli:'.q OI= ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL iNFORMATION FORM. ---'% .J A. Project's Name (if applicable): B. Site Information Address: "Lot:-f Block: Indian Rzver County Parcel #: -Zoning Classification: Existing Use: Unit: Subdivision: _ Future Land Use: · C. Description of proposed activity and purpose of the DATE RECEIVED: l ~._~./o~g'-/_.~ Form CD-2001 LApp-roved: 08127197 ~ Revision: requesmd permit or a~'tion (~tta¢l~ extra sheets if FEE PAID: RECEIVED Development Application File Name: Doa Project Personnel: Agent: Name: ¢ Address Phone Number:. (~ / ) 'E-Mail; Attorney: Name: Address Phone Number. (4% / ) E-Mail: Engineer: Name: Addre~ FAX Number:, (.r~/),~_¢ ¢/' Permit Application No. FAX Number. ( Phone Number: ( ) - FAX Number.' ( ) - E-Mail: Surveyor: Address Phone N~mben E-Mail: l, ~-~ . ~<~(J~l~'- , BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: . I AMTHEOWNER.XI,, AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS TH~ SUBJECT MATTER OF THIS APPLICATION, AND THAT ALL THE INFORMATION, MAPS, DATA AND/OR SKE.TOHES PROVIDED IN THIS APPLICATION ARE ACCURATE AND TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF. SIGNATURE DATE WHO I;~4;;~RSO~I. LY KNOIA/N TQ4~IE OR PRODUCED AS IDENTIFICATION, THIS .~ NOTARY'S SIGNATURE PRINTED NAME OF NOTARY COMMISSION No./ExPIRATION SEAL: Form CD-£O0'I Ap~oroved: 08/27197 .... DAY OF bL--~ J Revision: - J File Name: Dca Permit Application No. The following is required for all comprehensive plan amendments~ zoning amendment (including rezoning), site plan$~ conditional use permits, special use permits, variances, exceptions~ and. appeals. IJ~VE, ~ THE OWNER(S) _~THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT OF THIS APPLICATION; HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE BOARD/COMMISSION OF THE CITY OF SEBASTIAN (THE "BOARD'/"COMMISSION") TO PHYSICALLY ENTER UPON THE PROPERTY ~ERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION. I/~/VE HEREBY WAIVE ANY OBJECTION OR DEFENSE I/WE ~IAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY BOARDJCOMMISSION ME~MBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE F:LORIDA CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE ~/IOLATED BY SUCH ENTERING OR VIEWING. THIS WAIVER AND CONSENT IS BEING SIGNED BY ME/US VOLUh PROMISES MADE, BY ANY' EMPLOYEE, AGENT, CONTRACTOR OR $1GNATUR~ / / : ' TARILY AND NOT AS A RESULT OF ANY COERCIQN APPLIED, OR OFFICIAL OF THE CITY QF SEBASTIAN. DATE Sworn to and subscribed before me by C3. who is ~..~.o~al'iy kaewn~to~ me or produced. as identification, this ~'~, da~gg.f_ ,O~::. ,, Commission No./Expiration ~ ~,.L,.~_ ,~ ~.' ,~ ~, IForm CD.200'I · Approved: 08/27/97 f Revision: Pave 3 of 3 Development Application File Name: Doe Permit Application No. Supplemental Information Comprehensive Plan Amendment (Land Use) ATI'ACH ADDITIONAL PAGES IF NECESSARY; 1. Current land use map designation: __ 2. Proposed ~and use map designation': ~% 4'~,~ ¢~¢/~/~ I ' 3. Size of project in acres: Describe the impact of the proposed change on the other elements of the comprehensive plan and applicable ordinances of the City. //V/~ Is the proposed amendment consistent with comprehensive plan? If not, which one(s)?. the other elements of the is the proposed amendment in conformance with applicable substantive requirements of the city of Sebastian Code of Ordinances? If not, which one(s)? 2~j Form CD-2008 Approved: 8/27/97 J Revision: Page ~ of 3 Comp. Plan Amend. (Land j -File Name: Sicpalu ,. What land use and developmen' Permit Application No. changes have occurred since the effective date of the comprehensive plan amendment? //~/,/~ / which are relevant to the proposed Is the proposed amendment compatible with the existing or future land uses of the city? If not, why not?. 6~¢_.~ 9. Are there adequate public facilities to serve the proposed land use? If not, which one(s) are not adequate? ~/~c/ · 10. Would the proposed amendment result in a sighificant adverse impact on the natural environment? If so, describ~ the impact. Z/~E~ . F°rm CD-2008 Approved: 8/27/97 Revision: Page 2 of 3 Comp. Plan Amend. (Land Use) File Name: Sicpalu Permit Applicaton No. _ 11. Would ~e proposed amendment adversely affect the property values of the area, the general health, safety and welfare and impact the financial resources of the city? If so, describe how. //C~ ~ Does the proposed amendment result in an orderly development pattern? not, describe. , ~-~-_j .. 13. Attached We following: __ a, A verified statement showing each and every individual person having a legal and/or equitable ownecship interest in the subject property except publicly held corpocations whose stock is traded on a nationally recognized stock exchange, in which case the name and address of the co~omfion and principal executive officers will be sufficient. b. Attach a list of the names and addresses of all owners of parcels cf real property within three hundred (300) feet of the parcel to be considered. c. A survey and legal description of the prope~7 for whiCh the land use amendment is being requested. _ _ Form Approved: t Page 3 of 3 Comp. Plan Amend. (Land -Revisi~n: - - File Name: Si~lu LEGEND FUTURE LANO USE ~ERC~ Sit m m ,,, , . ~, '~'. ... .... : ,.',...:.. ~ ~.~" · ' ~ Xh .'....."' ,'.--:-'.'.~ .... ~* '¢ ~ xN · . , :.: ,',~.-.,:. ~',.. ~ '~, .. ,. ~,::~, ~,~ -..:. ~,,':--,.,~,: .h.~. ,,.',. ;x ~ · ...... · . 3.'~ ...: ~ '~.,-~ ... l i ', torino G,.ageno ,4789 Ke,d Ly~n D~'. ,,k~pl~, FL 3Z7'1 ;~ (40'7) 888-6773 E-fa-il: flOM~ OF PEJJC.~,N ISLRND Growth Management Department Comprehensive Plan Amendment Application Staff Report 1. Project Name: 2. Requested Action: 3. Project Location a. Address: b. Legal: C. 4. Project Owner: C.N.K. inc. Land Use Change from LD to IN Lots 16, 27, 28 Fleming Grant Indian River County Parcel Number: 00-30-38-00001-0300-00016.0 Project Agent: Project Engineer: Project Surveyor: Project Description a. Charles Day Sembler 1731 Indian River Drive Sebastian, Florida 32958 (561) 589-5142 C.N. Kirrie 12855 79~ Avenue, P.O. Box 144 Roseland, Florida 32957 (561) 589-5547 N/A Carter & Associates 1708 21't Street Vero Beach, Florida 32960 (561) 562-4191 Narrative of proposed action: C.N.K. Inc. has submitted.,, an application for a large-scale amendment to the comprehensive plan, which amends the future land use map to Industrial (IN), from Low Density Residential (LD) for 14.85 acres of land. The property in question is adjacent to Dale Street just South of Gibson Street along the far Northern City limits, via Roseland Road access. The property owner previously requested re-designation of the land use to LD and zoning to RE-40 to accommodate residential/equestrian use. However, the owner now wishes to change the land use designation to IN to accommodate a proposed Styrofoam manufacturing facility. A Habitat Conservation Plan/Scrub Jay Habitat area lying within the corporate limits of the City of Sebastian surrounds 10 acres of the subject property. The remaining 4.85 lies adjacent to residential/mixed use property lying within unincorporated Indian River County. Current Zoning: RE-40 i North: East: South: West: Adjacent Properties i Zoning Current Land Use Future Land Use Rose-4 Residen~ialA/acant (County) C-IN A-1 Residential (County) C-IN C Vacant (HCP) C C/Rose-4 Vacant (--ICP) C Site Characteristics (1) Total Acreage: (2) Current Land Use(s): (3) Soil: (4) Vegetation: (5) Flood Hazard: (6) Water Service: 14.85 acres Vacant Mykka Pine, Oak, Scrub, Palm Zone X Indian River County Utilities (7) Sanitary Sewer ServiCe: Indian River County Utilities (8) Parks: HCP - adjacent (9) Police/Fire: Comprehensive Plan Consistency Sebastian Police - 6 miles Indian River Fire - 5 miles a. Future Land Use: Consistent b. Traffic Circulation: Consistent c: Public Facilities: Consistent d. Housing: Consistent e. Coastal Management: Consistent f. Recreation and Open Space:l Consistent 2 10. 11. 12. 13. 14. 15. 16. 17. g. Conservation: Consistent h. Intergovernmental Coordination: Consistent Conformance with Code of Ordinances: Consistent Changed Conditions: Land Use Compatibility: To the north and east of the parcel lies Industrial land within unincorporated Indian River County containing a transfer station, and various industrial-manufacturing facilities. The proposed land use classification allows similar uses and is therefore compatible with the neighboring land use classification. To the south and west of the property lies conservation property for a scrub jay habitat and future passive recreation facilities. Strange as it sounds, Industrial uses are compatible and preferable neighbors for such habitats. The proposed land use allows more intensive uses than the LD residential designation, but is more compatible with the current land use designations and uses in the surrounding area. There will be a negligible impact caused by the proposed land use change due to the similarity of the existing uses in the area. Adequate Public Facilities: The public facilities are adequate for the requested land use change. The proposed use is not expected to impact existing public facilities. Natural Environment: The proposed land use change will not significantly impact the natural resoUrCes.~ Economic Effect: There will be a greater economic impact created by the land use change. The existing allows for iow density residential and the proposed will allow high intensity industrial development, which will create a more significant tax base. Orderly Development: The proposed land use change is consistent with the comprehensive plan and the proposed land use change provides for orderly development 'given the location of the site adjacent to Industrial property, availability of water and sewer and convenient access to CR-512. Public Interest: · .,,..,:. "i·h~ The proposed land use change is not in conflict with the public interest. 3 18. Other Matters: 19. The requested land use change and accompanying rezoning will provide consistency with the future land use map of the comprehensive plan. Access to Roseland Road will minimize traffic im The proposed land use change will cr wastewater, drainage and solid waste Analysis: C.N.K. Inc. has sub amendment to the comprehensive pIE )acts in the area. ~ate a slightly greater impact on the water, facilities. ~itted an application for a large-scale ~n, which amends the future land use map to Industrial (IN), from Low Density Residential (LD) for 14.85 acres of land. The property in question is adjacent to Dale Street just South of Gibson Street along the far Northern City limits, via Roseland Road access. The property owner previously requested re-designation o! the land use to LD and zoning to RE-40 to accommodate residential/equestrian U:e. However, the owner now wishes to change the land use designation toIN to accommodate a proposed Styrofoam manufacturing facility. A Habitat ConServation Plan/Scrub Jay Habitat area lying within the corporate limits of the City of Sebastian surrounds 10 acres of the subject property. The remaining 4J85 lies adjacent to residential/mixed use property lying within unincorporated Indian River County. 20, 21. Conclusion: The requested land use change from LD to IN is consistent with the Comprehensive Plan, Land DevelOpment Code and Code of Ordinances. Recommendation: Attached you Will find an application for comprehensive land use change, a detailed staff report and a location map. The planning and zoning commission recommended approval of this comprehensive land use change at their regular meeting on January 20, 2000. Furthermore, the City Council passed the first reading of Ordinance No. 0-00-05 at a public hearing held on February 23, 2000. 4 City of Sebastian 1225 MAIN STREET SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5537 FAX (561) 589-2566 March 10, 2000 Mr. Thomas Beck, Director Florida Department of Community Affairs Division of Community Planning Plan Processing Team 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 REFERENCE: Transmittal of "Land Use Amendment Only" to Comprehensive Plan Dear Mr. Beck: FLORIDA ADMINISTRATIVE CODE RULE 9J-11.006 This letter and accompanying attachments are intended to satisfy the requirements of Section 9J- 11.006 of the Florida Administrative Code. This proposed amendment does not qualify as an exemption from the provisions of Section 9J-11.006(1)(a)7. CHANGE OF LAND USE At its regular meeting on February 23, 2000, the city Council held a public hearing (transmittal) and approved the following Ordinance for transmittal to the DeparUnent of Community Affairs: Ordinance No: 0-00-04: Approving and Amendment to the Comprehensive Plan which amends the Future Land Use Map to Industrial Use (12'4) from Low-Density Residential (LD). QUESTIONS AND ANSWERS PER SECTION 9&11.006(1), F.A.C. Section 9J-11.006(1)(a)l. The Planning and Zoning Commission held a public hearing on January 20, 2000, on the proposed land use amendment. ' ..... Section 9J-11.006(1)(a) 2. The City Council held a public heating on February 23, 2000. The week of March 13, 2000, this department submitted copies to the Treasure Coast Regional Planning Council, St. John's River Water Management District, Department of Transportation, D. ep,artment of Community Affairs, Flor/da Department of State "anS-'tndian River County Planning Department. Friday, March 10, 2000 Land Use Amendment Ordinance No. 0-00-05 Section 9J-11.006(1)(a) 3. The City of Sebastian requests the Department of Community of Affairs review the proposed amendment. Summar2~ C.N.K. Inc. has submitted an appl:cation for a large-scale amendment to the comprehensive plan, which amends the future land use map to Industrial (IN), from Low Density Residential (LD) for 14.85 acres of land. The property in question is adjacent to Dale Street just South of Gibson Street along the far Northern Ci.-y limits, via Roseland Road (CR-505) access. The property owner previously requested re-designation of the land use to LD and zoning to RE-40 to accommodate residential/equestrian use. However, the owner now wishes to change the land use designation to 12,I to accommodate a proposed Styrofoam manufacturing facility. A Habitat Conservation Plan/Scrub Jay Habitat area lying wi~fin the corporate limits of the City of Sebastian surrounds 10 acres of the subject property. The remaining 4.85 acres is surrounded by Industrial zoned property lying within unincorporated Inchan River County. Section 9J-11.006(1)(a) 4. The city anticipates adopting this Ordinance in May of 2000. Section 9J'll.006(1)(a) 5. The proposed amen, State concern. Section 9J-11.006(1)(a) 6. N/A irnent is not applicable to an area of critical Section 9J-11.006(1)(a) 7. Section 9J-.ll.006(1)(a) 8. Section 9J-11.006(1)(a) 9. Section 9J-11.006(1)(a) 10. The proposed amendment does not qualify as an exemption. The proposed land use amendment consists of 14.85 acres of land and will be of an industrial land use designation. "" The City of Sebastian has submitted the proposed land use: element to the following agencies: 1) Treasure Coast Regfonal Planning Council, 2) Indian!River County Planning Deparunent, 3) St. John's River Water Management District, 4) Department of Transportation, 5) Department of Environmental Protection, 6) Florida Department 6f State. There is no Joint Plmming Agreement. Tracy E. Hass, Director of Planning and Growth' Management, City of Sebastian, 1225 Main Street, Sebastian, Florida 32958, telephone (561) 58945537, fax (561) 589-2566. Section 9J:ll.006(1)(a)10(b). Attached you will find the following map: 1. City's adopted Future Land Use Nlap and a drawing indicating the surrounding street and thoroughfare network. : Section 9J-11.006(1)(a) 10(b) 2. The aforement oned map also indicates the present land use designation of the subject property and the abutting properties FutUre Land Use designation. Friday, March 10, 2000 2 Land Use'~eadment Ordinance No.. 0-00-05 Section 9J-11.OO6(1)(a) lO(b) 3. Section 9J-11.006(1)(a) 10(b) 4. The subject property is approximately 14.85 acres, more or less. The following information is to satisfy the availability of the demand on the following public facilities: Sanitary Sewer. Currently the City of Sebastian has .an interlocal agreement with Indian River County which provides sewer service along Roseland Road (CR-505). Staff and the City Council are currently evaluating the future needs of sanitary sewer within the City and Will recommend expansion of the service area to include the subject property. Solid' Waste. Disposal of all solid waste may occur either through County-City interlocal recycling program, as adopted by the City through passage of Resolution No. R-92-05, on January 8, 1992, or at County landfill sites, usage established on May 10, 1989, through the solid waste agreement~ Resolution No. R-89-25. This is consistent with the City's adopted plan. Potable Water. Currently the City of Sebastian has an interlocal agreement with Indian River County which provides water service along Roseland'Road (CR-505). Staff and the City Council are'~m'rently evaluating the future needs of potable Water within the City and will recommend expansion of the service area to include the subject property. Traffic Circulation. The subject property is located on Dale Street approximately one (1) mile South of a County Collector known as CR-505 or Roseland Road. The City of Sel~a~an"'has completed a thoroughfare master plan as required by the Comprehensive Plan. Currently, CR-505 operates at a L.O.S. "C". Staff has determined that the proposed land use change from residential to industrial, and being 14.85 acres, is insignificant regarding the amount of trips that"woUld~ 'be generated onto the subject thoroughfare. The City of Sebastian also has sufficient land development regulations, including concurrency management, in the site plan review of proposed development to Friday, March 10, 2000 Land Use Amendment Ordinance.No. 0-00-05 require any needed site-specific improvements depending on the projects being proposed. Section 9J-11.006(1)(a) 10(c). Section 9J-11.006(1)(a) 10(c) 2. 5. Recreation. There proposed will not impact the existing recreational facilities owned by the City of Sebastian. Six (6) copie~ of Staff, Local Planning Agency, and local governing body recommendations are being provided for your review. N/A If you have any questions or comments regarding ithis matter, please do not hesitate to call me at (561) 589-5537. Sincerely, Tracy E. Hass, Director Planning and Growth Management Friday, March 10, 2000 Land Use Amendment Ordinance No. 0-00-05 I~'EOEJ.¥'ED CiTY OF SE'BAST:lAN OFFICE OF OITY CLERK_.. 20110 'fl l? 26 RFI 11' "7 T^TE o..LOR O^ DEPARTMENT OF COMMUN JEB BUSH Governor ITY AFFAIRS "Dedicated to making Florida a better place to call home" STEVEN M. SEIEIERT Secretary May24,2000 The Honorable Chuck Neuberger, Mayor City of Sebastian City Hall 1225 Main Street Sebastian, Florida 32958 Dear Mayor Neuberger: The Department has completed its review of the proposed Comprehensive Plan Amendment for the City of Sebastian (DCA No. 00-1), which was received on April 3, 2000. Copies of the proposed amendment have been distributed to appropriate state, regional and local agencies for their review, and their comments are enclosed. I am enclosing the Department's Objections, Recommendations and Comments (ORC) RePort, issued pursuant to Rule 9J-11.010, Florida Administrative Code (F.A. C). Although we understand the City wishes to expand its industrial base, additional information is needed to determine if the proposed location of the new industrial development is appropriate. Accordingly, several objections to this amendment have been ra/sed regarding internal inconsistency, the Strategic Regional Policy Plan, school collocation, and intergovernmental coordination. Department staff is available and welcomes the opportun/ty to assist the City to address its industrial development needs. Additionally, we have enclosed sample language the City could use to address the collocation requirements for schools. It is very important that the adopted plan amendment address these issues, and all of the objections in the Department's ORC Report, particularly the school collocation requirements so that the City may continue to amend its Plan. Upon receipt of this letter, the City of Sebastian has 60 days in which to adopt, adopt with changes, or determine that the City will not adopt the proposed amendment. The process for adoption of local government comprehensive plan amendments is outlined in Section 163.3184, F.S., and Rule 9J-11.011, F.A.C. The City must ensure that all ordinances adopting comprehensive plan amendments are consistent with the Provisions of Section 163.3189(2)(a), 2555 SHUMARD OAK BOULEVARD .TALLAHASSEE, FLORIDA 32399-2100 Phone: (850) 488-8466/Suncom 278-8466 FAX: (850) 921-0781/Suncom 291-0781 lnternet address; http'llwww,dca.state.fl.us CRITICAL STATE CONCERN FIELD OFFICE COMMUNIT~ PLANNING EMERGENCY MANAGEMENT HOUSING & COMMUNrr~ DEVELOPMENT 2796 Ovetseae Higllway, Suite 212 2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard 2555 Shumerd OcR Boulevard Manathon, FL 33050-2227 Tallel~eeeee. FL 32399-2100 Tallaheesee, FL 32399-2100 Talle~aseee, FL 32399-2100 (305) 289-2402 (850) 485-2356 (850) 413-9969 {850) 488-7956 The Honorable Chuck Neuberger, Mayor May 24, 2000 Page Two Within ten working days of the date of adoption, the City of Sebastian must submit the following to the Department.: Three copies of the adopted comprehensiv~ plan amendments; A copy of the adoption ordinance; A listing of additional changes not previously reviewed; A listing of findings by the local governing! body, if any, which were not included in the ordinance; and A statement in~cating the relationship of~e additional changes to the Department's ORC Report. The above amendment and documentation are required for the Department to conduct a compliance review, make a compliance determination and issue the appropriate notice of intern. In order to expedite the regional planning council's review of the amendments, and pursuant to Rule 9J-11.011(5), F.A.C., please provide a copy of the adopted amendment directly to the Executive Director of the Treasure Coast Regional Planning Council. Please contact, Richard W. Post, AICP, Pla~ing Manager, or Roger ~TVilburn, Community Program Administrator, at (850) 487-4545 if we can be of assistance as you formu- late your response to this Report. : Sincerely Yours, CO/rp Enclosures: Charl{ Chief Objections, Recommendations and Review Agency Comments School Collocation Examples ~,s Oauthier, AICP Bureau of Local Planning ~.omments Report cc: Mr. Tracy E. Hass, AICP, Director of Planning and Growth Management Mr. Michael Busha, AICP, Executive Director Treasure Coast Regional Planning Council DEPARTMENT OF COM]vlUNITY AFFAIRS , OBJECTIONS, RECOMIVI]~NDATIONS AND COMMENTS FOR THE CITY OF SEBASTIAN Amendment 00-1 ' May 24, 2000 Division of Community Planning Bureau of Local Plauning This report is prepared pursuant ~o Rule 91-11,010 iNTRODUCTION The following objections, recornrnendation~ and comments are based upon the. Department's review of the .City of Sebastian's proposed 00-1 amendment to its comprehensive plan pursuant to Section 163.3184, Florida Statutes (F. S.). ObjeCtions relate to specific requirements Of relevant portions 'of ChaPter 9J-5, Florida Administrative Codes (F.A.C.), and Chapter 163,iPart 1I, F.S. Each objection includes a recommendation of one approach that might be tal4:en to address the cited objection. Other approaches may be more suitable in specific situat!ons. Some of these objections may have initially been raised by one of the other external review agencies. If there'is a difference between the Department's objection and the exterrml agency advisory objection or comment, the Department's objection would take precedenceI. The local government should address each iof these objections when the amendment is resubmitted for our compliance review. Objections which are not addressed may result in a determination that the amendment is not in compliance. The Department may have raised an objection regarding missing data and analysis items which the local government considers not applicable to its amendment. If that is the case, a statement justifying its non-applicability · pursuant to' Rule 9J-5.002(2),. F.A.C., must be submitted. The Department will make a determination on the non-applicability of the requirement, and if the justification is sufficient, the objection will be considered addressed. The comments which'follow the objectionsi and recommendations are advisory in nature. Comments will not form bases of a determination of non-compliance~ They are included to call attention to items raised by our reviewers. The comments can be substantive, concerning.planuing principles, methodology or lclgic', as well as editorial in nature dealing with grammar, organization, mapping, and reader icomprehension. Appended to the back of the Department's report are the comment letters from the other state review agencies and other agencies, organizations and individuals. These comments are advisory to the Department and may not form bases of Departmental objections unless they appear under the "Objections" heading in this report.' OtlJECTIONS, RECONEY[ENDATIONS AND CO1VEVIENTS REPORT CITY OF SEBASTLa2~ PROPOSED A_ME~NT DCA #00-1 The City of Sebastian has proposed one Future Land Use Map (FLUM) amendment to its Comprehensive Plan. The following objections and comments are raised with respect to the FLUM amendment: CONSISTENCY WITH C}t_APTER 9J-5, F.A.C.~AND CI-IAPTERS 1'63 and 187, F.$. ORC OBJECTIONS: FUTURE LA.ND USE MAP AMENDME~S Ordinance No. O-00-05/C.N.K, Inc. Applieatitn ORC Objection: Internal Inconsistencies-The City's Comprehensive Plan contains criteria (Objectives 1.-I.3 and 1-2.3 and_Policy 1-Z3.1., 1-].3.2, ]-J.3.3d and f, !-2.3.1, and 1.3.2. ]) to be used in.assessing new industrial uses. However, the information provided does not show that the proposed change to industrial meets the criteria in the Plan. [Section 163.3177(1), (2), (6)(a) and (8), F.$., and Rule 9J-5.005(2) and (5), 5.0055(2)(c) .and 9J-S.006(2)(a) and Co)2, 3, and 4, (3)(b)l and 4, (3)(02, and 0)(c)3, F.A.C.] Recommendation: The City should provide additional data and analysis to demonstrate the proposed change in land use is consistent with the objectives and policies referenced above. This should include, a traffic analysis that shows the availability of transportation facilities on the local and state roactway network, and other public facilities analysis showing the continued maintenance of adopted LOS standards both with and without the proposed amendment. Based on the data and analysis, the City should revise or choose not to adopt the amendment as appropriate. ORC Objection: Consistency with SRPP-The amendment is not consistent with the following goals and policies of the Treasure Coast Regional Planning Council Strategic Regional Policy Plan: Goals 2. J,' 6.1, 6.3, 6. 7, and 6.8 and their supporting policies. [Section 163.3177(1), (2), (4)(a), and (10)(a), F.S., and Rule 9J-5.001(1), 9J-5.002(1), and (2)00, 9&5.005(7)0a), 9J-5.006(2)(b)2, 3,and 4, O)Co)l, and 0)(c)6, and (5)(a), and 9J-5.015(1)(a), FA. C.] Recommendation: Include adequate supporting data and analysis that supports the proposed amendment and which evaluates the impact of the amendment on water quality, endangered species, and the natural habitats that support those species within the North Sebastian CRC REPORT May 24, 2000 Page 2 Conservation area. CITY OF SEBASTIAN DCA #00-1 Also address each g~al and policy raised above regarding Consistency with the. TCRPC Strategic.Regional Policy Plan a manner that indicates that land use suitability and public facilities can be provided in a mariner that isl consistent with the adopted levels of service. 3. CRC Objection: School Collocation-The'Florida legislature required all local governments to adopt by October 1, 1999, criteria to encourage the collocation of public facilities, such as parks, libraries,/md community centers, with schools. If a local government 'did not comply with this requirement, they are prohibited from "adopting" amendments to its Plan. The City of Sebastian has not complied w/th this requirement [Section 163.31.77, F.S.] Recommendation: The City should revise its Future Land Use Element to include criteria which seek to-collocate public facilities such as parks, libraries, and community centers, with schools to the extent possible. This may be done simultaueouZly with or prior to this amendment. 4. CRC Objection: Intergovernmental Coordination-Since this amendment is directly -related by its immediate proximity to the unincorporated areas oflmdian River County and will impact County facilities, the City Of Sebastian must comply with the new provisions of Section 163.3177(6)(h), F.S. The City did not demonstrate the consideration of the impacts of the proposed amendment on the adjacent local government (Indian tLiver County). The City has not yet adopted changes to its Intergovernmental Coordination Element consistent with these statutory requirements. For instance, the City has not described joNt processes for collaborative planning and deeisionmak/ng on the extension of public ttaeilities and siting facilities with countywide significance, including locally unwanted land uses. The amendment also does not demonstrate compliance or consistency with the City's Plan, particularly FL UE Policy 1- 3.9. J, Intergovernmental Coordination Element (ICE) Objective 8-1. ] and Policies 8- 1.1.2 showing coordination with Indian River County. [Section !63.3177(2), (4)(a) and (6)(h), F.S., and Rule 9,1-5.015(3)0o)1, 2, 3, and (3)(c)7, F~t.C.] Recommendation: Because the primary access to ~e site is through the County, ensure the location o£industrial areas that are adjacent to Courity lands are coordinated and consistent with the County's Future Land Use Map and policies oflthe Indian River County Plan, such as Future Land Use Element Policy 1. ]8, that requires industrial development to bepart of a node (which precludes industrial traffic through residential area~). Additionally, coordinate the siting of the proposed use regarding land use consistency and c6mpafibility and natural resource protection with the comprehensive plans of both Sebastian and Indian River County. The City should coordinate' its efforts consistent with its own Plan objectives and policies referenced above. ORC REPORT CITY OF SEBASTIAN May 24, 2000 .~ Page 3 DCA #00-1 II__. ORC COMMENTS: ORC Comment: Airport Land Use ComPatibility-The proposed amendment lies in close proximity to the Sebastian Municipal Airport and Runway 04/22 (4000' x 150'). There was no data and analysis supporting the amendment which demonstrates compatibility between the future land use and transportation elements, particularly regarding land use compatibility around airports. There was no data and analysis showing how this amendment will protect the existing airport from encroachment of incompatible land uses. [Section 163.3177(1) and (2), F.S., and Rule 9J-5.005(2) and (5), and 9,1- 5.0060)(c)2, and 9J-5.019(3)(d) and (4)(c)21, FA.C] Recommendation: The City should show that it will protect the airport frOm encroachment to ensure its continued safe operation. The .City should also address the land use compatibility · surrounding its airport and regulate incompatible land uses and establish maximum building heights so as not to infringe upon the runways' Clear Zone. It is also important that the proposed uses do not attract birds or other wildlife that would cause an interference with runway operations. It is recommended that the City file Federal Aviation Administration form #7460-1 Notice of Construction or Alteration, which can be downloaded from the interact (http//www.faa.gov/arp/ace/£aal'orms.htm). III. CONSISTENCY WITH THE STATE COMPREHENSIVE PLAN The proposed amendment does not adequately.address and does not further the goals and policies of the State Comprehensive Plan Chapter 187, Florida Statutes, including the following provisions (Rule 9J-5.021, F.A.C.): Goal 20 (a) (Transportation), Policy Co)3. Promote a comprehensive transportation planning program wh/ch coordinates state, regional, and local transportation plans. b) Goal 8 (a) (Water Resources), Policy 0))5. Ensure that new development is compatible with existing local and regional water supplies. c) Goal 10 (a) (Natural Systems and Recreational Lands), Policy (0)3. Prohibit the destruction of endangered species and protect their habitats. Policy (b)10. Emphasize the. acquisition and maintenance of ecologically intact systems in all land and water planning, management, and regulation. ORC REPORT May 24, 2000 Page 4 CITY OF SEBASTIAN DCA #00-1 d) Goal 16 (a) (Land Use), Policy (b)2. Develop a system ' of incentives and disincentives which encourages a separation of urban and rural laud uses while protecting water supplies, resource development, and fish and wildlife habitats. Policy (b)6. Consider, in laud use planning and regulation, the impact of land use on water quality and quantity; the availability of laud, water, and other natural resources to meet demands; and the potential for flooding. Recommen~lation: Revise the proposed amendmegt to be consistent with and further the above- referenced goals and policies of the State Comprehensive Plan as recommended elsewhere in this report. City of Sebastian 1225 MAIN STREET SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5537 FAX (561) 589-2566 March 31, 2000 Mr. D. Ray Eubanks Community Program Administrator Department of Community Affairs 2555 Shummard Oak Boulevard Tallahassee, Florida 32399-2100 Re: Public School siting criteria Dear Mr. Eubanks: We are in receipt of your letters dated March 20, 2000 and March 28, 2000 concerning the Department's review of two City of Sebastian comprehensive plan amendments. Both letters reference Paragraph 163.3177(6)(a), Florida Statutes, F.S., wkich requires local governments to include public school siting criteria in their comprehensive plans by October 1, 1999. Specifically, local plans are to: clearly identify those land use categories in which schools are an allowable use; encourage the location of schools proximate to urban residential areas; and to collocate public facilities, such as parks, libraries and community centers with schools to the extent possible. We feel the City of Sebastian Comprehensive Plan properly addressed the above in the Evaluation and Appraisal report and subsequent Comprehensive Plan adopted in January of 1999. Therefore, we are submitting this letter and supporting documentation to the Department for the purpose of identifying the relevant sections of the City's comprehensive plan including the comprehensive plan furore land use map. Within the attached information, you will fred Future Land Use Element Policy 1-1.4.2: Maintain and Enforce Standards and Specifications for Design and Construction of Public and Semi-Public Services. Policy 1-1.4.2 specifically cites public schools as being included in the category of community facilities that are permitted within the Institutional (INS) land use category. In reference to the City's small scale amendment package, please fmd attached the proof of publication for the adoption hearing and completed small scale amendment form in compliance with Rule 9J-11.015, F.A.C. If you require any additional information to complete your review, please do not hesitate to contact me or my staff at (561) 589-5537. Sincerely, Director of Growth Management CC: Michael Busha, Treasure Coast Regional Planning Council Robert M. Keating, Indian River County City of Sebastian 1225 MAIN STREET SEBASTIAN, FLORIDA 32958 TEL PHON ISt I SSg- S'7 FAX May 04, 2000 Mr. D. Ray Eubanks Community Program Administrator Department.o.f Community Affairs 2555 Shummard Oak Boulevard Tallahassee, Florida 32399-2100 Re: DCA Re/'. # Sebastian 00-1 - Comprehensive Plani Future Land Use Amendment. Dear Mr. Eubanks: We are in receipt of letters from the Indian River County Community Development Department, Treasure Coast Regional Planning Council (TCRPC) and Flor/da Department of Transportation Aviation Office concerning the aforementioned proposed land use amendment. This letter is in response to the comments and concerns raised by each of the respective review parties. Indian River County had the following comments: The City's transmittal letter incorrectly identified the zoning for the unincorporated property surrounding a 4.85 acre portion of the subject property. This is correct, and the County properly identified the property as having an L-2, Low Densi~ Residential 2 (up to 6 units/acre), and zoning of residential and agriculture uses (Rose-4, Roseland Residential District (up to 4 units/acre) and A-i, Agricultural-1 District, up to 1 unit/5 acres)· ' The only access from the subject property to the thoroughfare system (CR 505 Roseland Road) is through a residential subdivision via Dale Street (129rh Street), which is an unpaved road. Although not preferable, it is not uncommon to have iadustrial properties located on unpaved roads with access being limited to residential thoroughfares. Additionally, there is an existing industrial park and county transfer station located ½ mile East of this parcel that currently abuts residential and is accessed via Gibson Street, which is partially unpaved. ; The subject property proposed for redesignation! to industrial is adjacent to environmentally sensitive land (the North Sebastian Conservation area) and residential areas. The current .land usc designation of LD, Low Density Residential (up to 4 units/acre) allows for construction of up 'to 60 single-family homes on the subject parcel. Developing the parcel with 60 residential homes ,P0SSeS a greater threat to prescribed management practices due to the close proximity of susceptible or liable conditions presented by residential properties abutting the conservation district. The County in negotiations with the City for additional scrub hab~at at the Sebastian Airport said that industrial development was preferable to residential when ab~tting or neighboring conservation areas. This comment seems to be a contradiction to their previous negotiation tactics with the City. If the land use designation and zoning are changed to industrial, any type of permitted industrial use could be established on the subject property. Some industrial uses may have a negative impact on adjacent sensitive lands. Yes, any industrial use currently allowed within the City's land development code could be permitted as long as the proposed use does not threaten the "publi~--~t£ety, health or welfare. At the time of site plan review, the City will take into consideration all aspects of the proposed use in determining the compatibility and/or potential incompatibility of a particular project and whether or not it is in the best interest of the City. The close proximity of the proposed industrial use (a Styrofoam manufacturing facility) may conflict with conservation land burn management activities. Again, the current designation LD, Low Density Residential (up to 4 units/acre) potentially threatens the quality of the conservation area as well as presents more complex conflicts with the prescribed management plans of the conservation area. Developing the parcel with 60 residential homes posses a greater threat to prescribed management practices due to the close proximity of susceptible or liable conditions presented by residential properties abutting the conservation district. The County in negotiations with the City for additional scrub habitat at thc Sebastian Airport said that industrial development was preferable to residential when abutting or neighboring conservation areas. This comment seems to be a contradiction to their previous negotiation tactics with the City. TCRPC staff review of the proposed comprehensive plan future land use amendment addressed the following issues in addition to Indian River County's comments: Again the issue of incompatibility with surrounding districts was raised. Industrial development could have negative impacts on the adjacent residential uses and environmentally sensitive lands. As with any proposed project, certain review criteria and regulations are in place within the City's Land Development Regulations that protect residential areas from industrial/commercial developme, nt,.. The applicant will be required to effectively screen any proposed use from the neighboring residential 'district by utilizing a solid wall, fence or natural landscaping providing a ninety (90) percent opaque screen. Additionally, the City within the Land Development Code has certain nuisance abatement procedures in place to prevent and manage the emission of excess noise, air pollutants, odor, vibration, fa'e 6r'eXplosive hazard and glare. During site plan review, all necessary preventative measures will be conditioned upon the development so as to prevent adverse impacts to the surrounding properties. Furthermore, public safety, health and welfare will be of utmost concern. Currently, the residential subdivisions proximate to the site have private wells and septic systems. The nearest public water and sewer service is approximately ~A miles to the north along Roseland Road and is provided by Indian River County. Expansion of the interlocal agreement with the County would be necessary to provide water and sewer to the subject property. Water and Sewer service is not a mandatory State requirement and all necessary precautions will be implemented by the Health Department to insure all preventative measures are exhausted so as to prevent contamination to the surficial aquifer. Industrial uses may'result in significant impacts to the environmentally sensitive land south of the property which the County purchased utilizing funds from the Florida Communities :Trust Fund (P-2000) for protection of scrub jays and their habitat. Indian River County is obligated l~'~a'h'age the conservation area with periodic prescribed burns. Prescribed bums pose a greater risk and conflict to residential development than industrial. There is a much greater risk of-disturbing and threatening damage or nuisance to a neighboring residential area with prescribed bums. 2 Future Land Use Element Policy 1-2.3.1 of the City of Sebastian Comprehensive Plan states, in part, that: 1) an industrial land use designation shall be allocated to industrial sites accessible to airport facilities, rail facilities, and/or major thoroughfares; 2) the sites shali be buffered from residential neighborhoods; and 3) heavy metal fabrication, batch plants, salvage yards, chemical or petroleum manufacturing or ref'ming, rubber or plastics manufacturing, or other use generating potentially harmful environmental or nuisance im-~acts shall be prohibited. Based on the above, industrial use on the subject parcel would appear to be inconsistent with the City's Comprehensive Plan. 1) The site is accessible to a major thoroughfare (County Road 505, Roseland Road) - approx/mately ~A mile ninth - via Dale Street; 2) Buffeting shall be required of any proposed use from the neighboring residential districts; 3) We are not reviewing the consistency of a particular proposed use, only the consistency of the proposed land use ch~ge with the City's Goals and Objectives of the Comprehensive Plan. Additionally, all the aforementioned uses are prohibited and therefore will not be allowed on the subject parcel. ! According to the Comprehensive Plan, there are 296 acres designated for industrial use, and 81% of this land is vacant. Therefore, there would no~ appear to be a need for additional land to be designated as Industrial, especially in an area where compatibility is a serious concern. Of the 296 acres of vacant industrial land, approximately 75 % is Within the airport industrial "park" and is currently inaccessible and would require significant infrastructure improvements prior to being occupied or developed. Although the unincorporated area to the north contains a residential/agricultural designation, there is an abundance of commercial/industrial development currently inter-dispersed within the surrounding properties. Therefore, the proposed use d~es not conflict with existing uses in the area. The Florida DOT Aviation Office has concerns ove~ building height infringement upon the nmway's Clear Zone. Sebastian Code limits building height to $5 feet and therefore, any proposed smaCmre being roughly 1 mile from the end of the runway will not interfere with the mnway's Clear Zone. Additionally, they have concerns over a proposed use attracting birds or other wildlife that would cause or interfere with airport operations. Between the proposed property and the airport lies the aforementioned conservation area and the proposed certainly will not attract or provide habitat for birds any more so than the existing Scrub Jay habitat. We feel the City of Sebastian Comprehensive Plan and Land Development Regulations properly address all of the above concerns. Additionally, we did not ireview the land use change from a proI/osed use perspective, but rather from a consistency perspective lwith the overall Goals and Objective of the City's Comprehensive Plan. During the site plan review phase, all necessary reslrictions will be imposed on the proposed use so as to prevent any adverse impacts on the surrounding properties. If you require any additional information to complete ~our review, please do not hesitate to contact me or my staff at (561)589-5537. Director of Growth Management CC: Michael Busha, Treasure Coast Regional Plarming Council Robert M. Keating, Indian River County , Terrence Moore, City Manager Rich Stringer, City Attorney : C.N. Irdrrie, Applicant ] City 0£ Sebastian 1225 MAIN STREET SEBASTIAN, FLORIDA 32958 TELEPHONE (561} 589-5537 FAX (561) 58%2566 May 05, 2000 Mr. D. Ray Eubanks Community Program Administrator Department of Community Affairs 2555 Shummard Oak Boulevard Tallahassee, Florida 3239%2100 Re: Public School siting criteria Dear Mr. Eubanks: We are in receipt of your letter dated April 27, 2000 concerning the Department's review of the City's small-scale amendment adopted by Ordinance No. 0-00-06. The letter again references Paragraph 163.3177(6)(a), Florida Statutes, F.S., which requires local governments to include public school siting criteria in the/r comprehensive plans by October 1, 1999. Specifically, local plans are to: clearly identify those land use categories in which schools are an allowable use; encourage the location of schools proximate to urban residential areas; and to collocate public facilities, such as parks, libraries and community centers with schools to the extent possible. Previously I wrote you a letter explaining why we felt the City of Sebastian Comprehensive Plan properly addressed the above in the Evaluation and Appraisal report and. subsequent Comprehensive Plan adopted in January of 1999. Unfortunately, I did not .transmit Policy 1-2,5.1: Institutional Land Use Designation which further expands upon the location criteria for public schools. It is our hope that this additional information will satisfy paragraph 163.3177(6)(a), Florida Statutes (F.S.). Additionally, within the attached information, you will find Future Land Use Element Policy 1-1.4: Accommodate Institutional Facilities and Public Services. Policy 1-1.4.2 specifically cites public schools as being included in the category of community facilities that are permitted within the Institutional O-NS) land use category. Please contact me as soon as possible with verification of the City's compliance or non-compliance with school siting requirements. Thank you for your continued assistance in resolving tbs issue. If you have any questions, please do not hesitate to contact me (561) 589-5537. ¢incerely, . Hass r Growth Management nusha, Treasure Coast Regional Planning Council "eating, Indian River County City of Sebastian ]225 MAIN STREET .SEBASTIAN, FLORIDA 32958 TELEPHONE (55])589-5537 FAX (55])589-2555 July 11, 2000 Charles Gauthie~, AICP Chief, Bureau of Local Planning Department of Community Affairs 2555 Shummard Oak Boulevard Tallahassee, Florida 32399-21 O0 Re: Comprehensive Plan Amendment (DCA No. 00-1) Dear Mr. Gauttfier: We are in receipt of the Department's Objections, ReCommendations. and Comments (ORC) Report, issued pursuant to Rule 9J-Ii.010, Florida Administrative Code i(F.A.C.). Your are correct in that the City wishes to expand our industrial base and we presently are adckessing the objections raised regarding internal inconsistency, the Strategic Regional Policy Plan, school collocation and ~tergovernmental coordination. More specifically, in coordination with Indian River Counb] Staff, we are currently devising an altemat/ve access plan for the subject property, which ultimately will be less impactive and more practical than the current access plan. Additionally, we are using the school collocation criteria provided by your office to include suitable language within our Comprehensive Plan, so as to appropriately address this issue. We feel strongly that we will be able to resolve all issues raised in the ORC Report. However, seeing that we have to coordinate with the Treasure Coast Regional Planning Council and Indian Rivet County in reconciling these issues, we will not be able to adopt, or adopt with changes, the proposed amendment iwithin the prescribed 60 day time frame. As such, we respectively request an extension so as to provide us with sufficient time to appropriately resolve the issues outlined in the ORC report. ' Upon resolving all objeetions~ we will proceed with adoption of the said amendment and immediately thereafter copies will be forwarded directly to the Regional Planning Council and DCA. Thank you for your continued cooperation and if you reqtr contact me or my staffat (561) 589-5537. Sincerely, Director of Growth Management re any additional information, please do not hesitate to CC: , , I Michael Busha, Treasure Coast Regmnal Plaunmg COuncil Robert M. Keating, Indian River County City of Sebastian 1225 MAIN STREET $ [ ASTiAN, FLORIDA 32958 TEL PHON (Sd])58%5537 FAX {Sd])589-25dd August 1, 2000 Stan Boling, AICP Planning Director Indian River County 1840 25~' Street Vero Beach, Florida 32960 Reference: City of Sebastian Proposed Plan Amendment DCA Ref. gOO- 1 Dear Mr. Boling: As was discussed during our joint meeting on 18 July 2000, the City of Sebastian is in the process of identifying alternative access routes for the property under review for the Plan Amendment. As stated in Robert Keating's letter to the DCA on March 28, 2000, item number two identified the only access from the subject property to the thoroughfare system as being through a residential subdivision (located in the unincorporated county). This access is not appropriate for industrial type traffic being that Dale Street is an unpaved residential street. Access was originally anticipated to be via 129~ (Dale) Street. However, due to concerns as outlined by the County staff and neighboring residents, the City is prepared to offer an alternative access plan. The City now wishes to grant access via 130~ (Gibson) Street, which currently serves as an industrial thoroughfare. However, to access lot 16 via Gibson Street, the applicant will need access rights across the North end of lots 15 and 19 (owned by Indian River County for the Habitat Conservation Plan). Mr. Fred Mensing, owner of lot 15, is prepared to grant access rights via the North end of lot 15. As you well know, the Gibson Street (130'~) terminus is adjacent to the North end of Lot 19. Therefore, the City is requesting approval fi:om the County to grant an access easement along the North end of lot 19. At this time the exact dimensions are not known, but 50 to 60 feet seems to be adequate for access purposes. Please see the attached location map for further clarification. Land Use Amendment Ord/nance NO; O-00-05 Another concern as outlined by Mr. Keating was the property being adjacent to environmentally sensitive land (the North Sebastian Conservation Area) and that any type of permitted industrial use could be established on the subject property, some of which may have a negati_y_e_i~ra_pa__qt_on adjacent environmentally sensitive lands. We appreciate the County's concern about potentially threatening activities. Policy 1-2.3.1 of the City of Sebastian Comprehensive Plan establishes that Industrial uses include: manufacturing, assembling and distribution activities; warehousing and storage activities; general commercial activities; and other similar land uses which shall be regulated through appropriate zoning procedures, i Heavy metal fabrication, batch plants, salvage yards, chemical or petroleum manufacturing or refining, rubber or plastics manufacturing, or other uses generating potentially harmful environmental or nuisance impacts shall be prohibited. We feel this policy incorporates the necessary provisions to prevent potentially harmful development and insure you that it is not the inte~ of the City to allow heavy industry within the corporate boundaries of the City of Sebastian. i We certainly look forward to resolving these issges and wish to work with the County staff in ultimately devising a mutually acceptable access Plan for lot 16.' Please review this proposal and advise as to its suitability. If you have any questions or comments regarding this matter, please do not hesitate to call me at (561) 589-5537. Sincerely, Tracy E. Hass Director of Growth Management Enclosure CC: Michael Busha, AICP, Treasure Coast RegiOnal Planning Council Charles Gauthier, AICP, Department of Community Affairs .... ::~.:r. please Land Use Amendment Ordinance No. O-00-05 CITY OF SEBASTIAN CHAPTER 1: FUTURE LAND USE ELEMENT 3. Protect urban population and employment trends and estimate land area required to accommodate projected residential and nonresidential activities. 4. Analyze infrastructure issues, including improvement needs based on development forecasts. 5. Determine subareas and unincorporated enclaves which shall logically be serviced by the City of Sebastian. Identify relative advantages and disadvantages. 6. Recommend a strategy for planning and managing development within the unincorporated urban area, including armexation alternatives. The recommendations shall include but not be limited to: * Procedures for intergovernmental coordination of land use policy governing development within unincorporated urban areas (including isolated enclaves) which are logical targets for incorporation into the City of Sebastian; and · Policies and or actions for developing efficient systems for: 1) delivering municipal services; 2) achieving diversification of the municipal tax base. OBJECTIVE 1-2.9: SCHOOL SITING CRiTERIA. In coordination with the Indian River County School Board and the Board of County Commissioners, the City shall accommodate the development of public schools in areas necessar7 to meet the projected needs of the community, and shall seek to collocate the same with parks, community centers and other public facilities within residential areas. Polie_.y_ 1-2.9.1: Land Use Categories. Public schools shall be allowed in the following land use designations listed in the Future Land Use Element: 1. All residential Categories. 2. Institutional Category. Policy 1-2.9.2: Collocating public schools with parks, libraries and community centers. When considering the development and establishment of public facilities such as parks~ libraries and' community centers, the City shall, to the greatest extent possible, select a location and/or design the facility in such a way that collocation of the facility with a public school is either achieved with an existing school or at the facility can be retrofitted for collocation with a future public school. §1-3 LAND USE ELEMENT IMPLEMENTATION. GOAL 1-3: IMPLEMENTING LAND USE GOALS AND OBJECTIVES. CONTINUE TO MONITOR AND EVALUATE DEVELOPM[ENT AND RESOURCE CONSERVATION WITHIN TI-IE CITY PURSUANT TO GOALS AND OBJECTIVES OF TI:I-E COMPREI:II*,NSiVE PLAN LAND USE ELEMENT AND CARRY OUT AN EFFECTIVE. IMPLEMENTATION PROGRAM AS HEREIN ESTABLISHED. OBJECTIVE 1-3.1: CONCURRENCY MANAGEMENT. By December 31, 1998, the City shall have adopted a concurrency management program pursuant to Ch. 163, F.S., and §9J-5, F.A.C. Beginning January 1, 1998, the City of Sebastian shall issue no development order or permit for development unless the applicant provides narrative and graphic information demonstrating to the satisfaction of the City that public facilities required by the subject development shall be in place concurrent with the impacts of development. Furthermore, the applicant shall assure that the facilities operate at or above adopted levels of service standards. The applicanfs narrative and graphic information shall also demonstrate that the subject development shall not reduce the levels of service (LOS) associated with public facilities serving the development below adopted LOS standards. Policy 1-3.1.1: Resolving Concurrency Issues. In order to implement the above measure, the City shall require that all developments requiring a development permit (as defined in §163.3164 F.,S., including comprehensive plan amendments) shall, at the time the subject permit application is filed, submit information which demonstrates that all urban services needed by the proposed development c.ag~ and will be provided concurrent with the new development. ' ' Comprehensive Plan Goals, Objectives and Policies 07/02/01 1-24 HOME O]~ PI~IICAN iSLAND CITY OF SEBASTIAN BOARD REVIEW BOARD OF ADJUSTMENT · First Established by Ordinance in 197~t as part of zoning code 202 amendment · See LDC Section 54-1-2.5 / / ° Five members and two alternates app~3inted by the City Council for three year terms ~ · Due to lack of Members in 1994 City Council took over duties of Board of Adjustment by adoption of R-94-33 and then in 1996 the Board was restored by adoption of Resolution 13-,-96-40 · Last Hearing on December 5, 2000 - no hearings scheduled since then From LDC 54-1.2.5 i 1. Authority. In no instance shall the board Igrant any use of land in any zoning district other than those uses allowed in such district as a permitted use or a conditional use. 2. Duties and Powers. The Board of Adjust~nent shall have the following powers. Hear and Decide Administrative Appeals. Hear and decide appeals when it is alleged that there is error in any order, requirement, decision, or determination made by an administrative official in the enfomement of any Land Development Code or regulation adopted pursuant to this act, unless otherwise provided herein. b. Hear and Decide Requests for Variances. Hear and authorize upon appeal such vadance from the terms of the ordinance as will not be contrary to the public interest pursuant to Section 54-1-2. 5(C)(2). c. Require Attendance at Hearings and Administer Oaths. The Board of Adjustment shall have the authority to compel the attendance of witnesses at hearings or meetings and to administer oaths. CEMETERY COMMITTEE · 1927 Sebastian Cemetery Association, Inc. (SCAI) chartered - was originally called Cemetery Beautification Committee and its purpose was to promote and finance the cemetery 1959 Quit claim deed - cemetery property to City of Sebastian 1980 SCAi was reincorporated 1980 Agreement between SCAI and City - funding for beautification of cemetery, their use of Community Center for bingo 1981- 1982 Minutes of "Cemetery Committee"- members of SCAI were liaisons 1983 Guidelines, memberships and powers and duties of Sebastian Cemetery Committee were adopted 1984 Resolution R-84-35 acknowledges name change from Sebastian Cemetery Association, Inc. to Sebastian Area Civic Association, Inc. -Dept. of State Certificate attached 1986 Clerk Krages sent forms to former members notifying them Cemetery Committee was being reactivated and wanting to know if they were interested in serving Newly formed Committee met from 1986 through 1987 - no more minutes after that time 1987 Resolution R-87-24 standing committees resolution (a resolution was adopted each year up to 1987 in accordance with charter designating the standing committees and listing names of members) included cemetery committee City Council appointed David Hincemon to Cemetery Committee in January 1988 but there are no 1988 committee minutes CHARTI~R REVIEW COMMITTEE First established in 1998 by adoption of Ordinance O-98-13 placing question on 3/99 ballot- approved by referendum ~ See Charter Section 5.03 I Ordinance 0-99-02 adopted on 4/14/99 set out procedures for review and memberships - See Code of Ordinances 2-231 15 Member Board Last Met 1999 - Will be Re-established April 2006 CITIZEN ADVISORY TASK FORCE Advisory task force first established in In as a requirement of the CDBG and accompanying Citizen Participation Plan adopted by Resolution No. R-95-15 Section E of the Plan stated "A Citizen Advisory Task Force shall be established (composed of citizens of the jurisdiction) to provide input relative to afl phases of the project process. Residents of Iow and moderate income neighborhoods shall be included in this task force. The task force members will be appointed by the governing body before the Second Public Hearing on the project. Members may be reappointed as a standing committee. The task force will meet at its discretion and will offer recommendations as it deems appropriate." CATF held its first meeting on March 22, 1995 with a representative of consultants Clark, Roumelis and Associates, Robert Johnson. Following completion of the CDBG Project former CATF members received certificates of appreciation on April 25, 2001. A new CATF was established for the Louisiana Avenue CDBG in 2001. CITIZENS BUDGET REVIEW ADVISORY i~OARD * Temporary Advisory COmmittee firstestablished by Resolution R-98-27 on June 24, 1998 . Permanent board established by Ordinance O-98-14 on October 14, 1998 o See Code of Ordinances Section 2-221 o 7 Member Board - 5 Appointed by Individual Council Members (2 yr terms) - 2 At-Large Appointed by Full Council (1 ~yr terms) , Last Met 6/28/01 Sec. 2-222. The Board shaft assist in thei City's budget review process and shaft make recommendations to the City Council prior to the i first budget hearing for each fiscal year. in order to effectively advise the City Council, the BOard shall become familiar with the City's budget process and shaft review the City's proposed budget and afl reports submitted by City staff concerning the proposed budget. ~ CODE ENFORCEMENT BOARD · First established by Ordinance O-81-17 on October 12, 1981 - many amendments through the years - last one by Ordinance O-98-10 · ,See Code of Ordinances Section 2-176 through 2-197 and Florida Statutes 162. · 7 Members - Up to 2 Alternates -3 yr terms · Last Hearing September 2000 - Board Conducted Meetings in May and June 2001 to discuss Code Enforcement Issues Section 2-176. (a) There is hereby created and established the Sebastian Code Enforcement Board. The board is created and established pursuant to the authority granted pursuant to the Local Government Code Enforcement Boards Act, F. S. §§162.01 through 162.22. (b) Those provisions of the Local Government Code Enforcement Boards Act, as set forth in F.S. §§162.01 through 162.22, which are not inconsistent with this division, are hereby adopted as ordinances of the city. Section 2-178. (a) Unless exclusive jurisdiction and authority for enforcement of the City's Code of Ordinances and Land Development Code is expressly and exclusively granted to one of the city's other boards, commissions, committees or administrative officials, the code enforcement board shall have the authority and jurisdiction to hear and determine alleged violations of the Code of Ordinances and Land Development Code of the City of Sebastian. (b) The jurisdiction of the code enforcement board shall not be exclusive, but shall be concurrent with any other board, commission, committee or administrative official charged with the enforcement of the Code of Ordinances or Land Development Code of the City of Sebastian. (c) Nothing contained in this Division 2 shaft prohibit the city from enforcing its codes or ordinances by any other means. CONSTRUCTION BOARD · First established by Ordinance 0-78- over the years · See Code of Ordinances Chapter 26 · 7'Members - 1 or 2 alternates · SPecific Membership Requirements · Last Met on June 12, 2001 on June 7, t978 - several amendments The construction board shaft have the foflowing powers and duties: (1) Advice to the city council. On its own initiative or whenever requested to do so by the city council, to give advice to the city council and to Other public officials or employees with reference to any matter affecting contractors or the construct, (2) Reviewing city building and housing cod( building and housing codes, their adoption, their state building codes or any standard published c part of such codes or of this chapter. on industry within, the corporate limits of the city; ,s. To advise the city council concerning the city amendment, and the revision of the minimum :)de of technical regulation which constitutes all or (3) Examination of contractor's license holders and applicants therefor. To examine or cause.to be examined holders of contractor's licenses witl~in the city or applicants for such license, in accordance with the requirements of this chapte/~. Licensing of contractors. To license contfactors pursuant to the requirements of this article. (5) Review of violations of this article. On thei motion of the board, on a notice of hearing issued by an investigator or on the verified written complaint of any person, the board may review the actions of any person, including a contractor that!has been issued a certificate of competency by the board pursuant to this article or a state certified contractor, who has violated any provision of this article. The board may hold due process hearingS and thereafter take appropriate disciplinary action as authorized pursuant to this article if the person~, including a state certified contractor or a contractor holding a certificate of competency from the board pursuant to this article and including an entity qualified by a contractor who is state certified or holds a certificate of competency from the board pursuant to this article, is found to be in violation of one or more of the acts or omissions constituting a prohibited activity pursuant to Section 26-~ 71 or constituting cause for disciplinary action pursuant to Section 26-172 to the extent not reserved to the department to the exclusion of the board. (6) Coordinate investigations with other governmental agencies. To cooperate with other governmental agencies, local, state and federal With reference to any matter affecting contractors or the construction industry within the corporate limits of the city. (7) Subpoena powers. The board shaft have lhe authority to subpoena alleged violators and witnesses to its hearings. The City, the board or the alleged violator may request that witnesses and records be subpoenaed to any emergency or formal hearing. Subpoenas shaft be served in the same manner as civil subpoenas are served under Florida Statutes and the Florida Civil Rules of Procedure. The chairman of the board shall provide the clerk with sufficient signed and blank witness subpoenas to be provided to alleged violators and the City Attorney for the purpose of subpoenaing witnesses and records. (8) Other. The board shaft perform such other duties as may be determined by the city council. HANDICAPPED SELF-EVALUATION COMMITTEE There are minutes from 9/17/85 through 4/1/98. There is a reference to these last set of minutes having been approved on 11/3/99, but there are no minutes for this meeting. This appears to be the last time this committee met. The Human Resources Director was the designated Americans with Disabilities Act coordinator in 1993 and 1997. Resolution R-87-24 standing committees resolution (a resolution was adopted each year up to 1987 in accordance with charter designating the standing committees and listing names of members) included handicapped self-evaluation committee PLANNING AND ZONING COMMISSION * Originally Established in first zoning code in 1947 - first mention of board in ordinances titles is in 1973 - Ordinance 4~73 - Planning and Zoning to approve site plans , First set of minutes is 1979 . See Land Development Code Section 54-1~2.4 and 163.3174 Florida Statutes . 7 Members - 2 Alternates . Land Planning Agency for City . Last Met June 21, 2001 A. Established and Desiqnated Local Plannin-g Agency. Pursuant to and in accordance with the City Charter and Section 163.3174, F.S., of the County and Municipal Planning and Land Development Regulation Act, the City Council finds that planning of land use and continuing growth management evaluation within the City of Sebastian is a public purpose benefitting the safety, economic and cultural welfare of the citizens of Sebastian. The City Council further finds that this public purpose can best be achieved by establishing the Sebastian Planning and Zoning Commission, which is hereby established and designated as the Local Planning Agency (LPA) for the City. The Sebastian Planning and Zoning Commission shaft abide by the City Charter, as amended, and all applicable provisions of the Florida Statutes. The Planning and Zoning Commission shall have the authority and responsibility to review land use in the City and evaluate planning and regulatory techniques for resolving physical, economic, social, environmental and fiscal issues. The City Council directs the Planning and Zoning Commission to carry out functions and powers herein identified. The Planning and Zoning Commission shall use the power and authority conferred. D. Functions and Powers. The Sebastian Planning and Zoning Commission shall have the power and authority to carry out the duties and responsibilities conferred upon it by the Land Development Code consistent with Section 163.3174, F.S., and shall perform these duties in the best interests of the health, safety, and welfare of the citizens of Sebastian. The Planning and Zoning Commission shall have the following functions, acting either as the Local Planning Agency (LPA) or as the City's Planning and Zoning Commission: 1. Acting a. as the Local Planning Agency (LPA), the LPA shall: Be responsible for preparation, review, and any proposed amendment of the Comprehensive Plan, and deliberations of proposed changes to the Plan and prior to any recommendations to the City Council; Hold at least one public hearing with due public notice on the proposed plan or element, or portion thereof, pursuant to Section 163.3174(4)(a), FS, and make recommendations to ~he City Council concerning enactment; Monitor and oversee the effectiveness and status of the Comprehensive Plan, review any proposed amendments to the Comprehensive Plan, prepare pe#odic reports required pursuant to Section 163.3191, FS, and make recommendations to the City Council concerning enactment; Review proposed Land De~,elopment Code and amendments thereto and make recommendations to the City Council as to the consistency of the proposed Land Development Code and amendments thereto with the adopted Comprehensive Plan or element, or portion thereof, pursuant to Section 163.3174(4)(c),FS: Acting a. C= as the Planning and Zoning Commission, the Commission shall: Review site plans submitted pursuant to Article XVIII of the Land Development Code: Keep the City Council and genera/public informed and advised as to the physical development of the City, undertake special studies related to growth management and resource conservation, including but not limited to annexation, land acquisition, community improvement strategies, including but not limited to annual update and revision to the capital improvement program and budget, and other related issues; Review conditional uses (reference Article VI), which may be part of an administrative or major site plan; Review subdivision proposals submitted pursuant to Article XIX Land Development Code, and street dedication and reconfiguration proposals, and make recommendations to the City Council regarding compliance with applicable laws and ordinances; Conduct such public hearings as may be required to carry out the functions set forth herein; and Review proposals for special use permits and special exceptions per Section 54-1-3.1 and make recommendations to the City Council regarding compliance with applicable laws and ordinance. Pursuant to Section 163.3174(4)(d), FS, perform any other duties, which are assigned to the Sebastian Planning and Zoning Commission by the City Council or by genera/or special law. POLICE RETIREMENT BOARD OF TRUS'i'EES · First established by Ordinance 0-89~~15 on August 23, 1989 - several amendments over years · See Code of Ordinances Chapter 58 ,and Florida Statutes Ch. 185 · 5 member board - 2 officers elected ~ 2 residents appointed by Council - 5th member appointed by other four members and confirmed by council · 2 yrs terms and terms are not limited i · Last met during last quarter ; Sec. 58-51. Board of Trustees. (a) Administration vested in board; membership. The sole and exclusive administration and responsibility for the proper operation of the retirement system and for making effective the provisions of this article are hereby vested in a Board of Trustees which shall be designated as the plan administrator for the system. The Board sh all consist of five persons as follows: RECREATIONAL ADVISORY BOARD · Temporary board established by Resolutions P,-97-49 (to determine function) and then R-97-42 (established board) · Permanent board established by Ordinance No. 0-98-08 on 5/13/98 · Last set of minutes July 19, 1999 although there is an indication from board secretary that they met in spring 2000 SECTION 2. PURPOSE AND RESPONSIBILITIES. A. Purpose. The Sebastian Recreational Advisory Board shall provide recommendations on the development of recreational facilities and the creation and expansion of recreational programs, evaluate proposed recreational requests, and promote cooperation and coordination between the various recreational interests, the City and the County. following fiscal year. July 1 of each year. a. b. C. Res/~onsibilities. The Sebastian Recreational Advisory Board shall: 1. Prepare an annual work program outlining the activities of the Advisory Board for the The proposed work plan shall be presented to the City Council for approval by The work plan may include: The preparation of policy recommendations to the City Council. Studies of existing City and County facilities and programs. The development of shod and long range plans for facilities, programs and land acquisition. d. The evaluation of recreational facility and program requests. 2. Promote and develop cooperation and coordination between the City, Indian River County and the Indian River County School Board. 3. Encourage public input and participation. 4. Conduct studies as requested by City Council. 5. Prepare recommendations regarding citiy and county recreational facilities and programs. Such recommendations shall be forwarded to the City Manager for distribution to the City Council and/or to indian River County. ORGANIZATIONAL STRUCTURE. Members. The Sebastian Recreational Advisory Board shall consist of nine regular members and two alternate members, all of whom are residents of the City of Sebastian. All members shall be appointed by the City Council and the Advisory Board shall consist, whenever possible, of the following: 1. The president or his/her designee of the Sebastian River Area Little League, Inc. 2. The president or his/her designee of the Sebastian Panthers, Inc. 3. The president or his/her designee of the Sebastian Soccer Association, Inc. 4. The president or his/her designee of the Sebastian Old Boys. 5. The president or his/her designee of the Friendly Tennis Group. 6. The president or his/her designee of the Sebastian River Art Club. 7. The president or his/her designee of the Craft Club of Sebastian. 8. The City of Sebastian's appointed member of the Indian River County Parks and Recreation Advisory Board. SECTION 3. A. TREE AND LANDSCAPE ADVISORY BOARD · First established by Ordinance O-95-01 on February 22, 1995 · See Land Development Code Section! 54-3-14 · Five members - two alternates · 2 year terms · Last met on June 4, 2001 Sec. 54-3-14.17. Tree and Landscape Advisory Board. (a) There is hereby created a tree and landscape advisory board, which shall provide advice to the city council as requested by the council on care Of trees and landscaping on city property, preservation of historic trees, proposed planting Of trees or landscaping on city property, proposed amendments to this tree protection and landscape ordinance, and such other matters as required by the city council from time to time. (b) The tree and landscape advisory board shaft Consist of five regular members and two alternate members. Each member shaft be a resident of the city and shall be appointed by the city council. Members shaft serve without compensation. Aft members shall be appointed to two year terms. As far as practical, the membership should be composed of one building contractor or realtor, one landscape contractor, subcontractor, or maintenance personnel, one landscape consultant, designer or architect, and two concerned citizens. The alternative members shall be, as far as practical, one landscape professional and one concemed citizen. (c) Vacancies shall be filled by action of the city COuncil. (d) Meetings shall be held at such times and places as determined by the city council and shall be open to the public. FORMER BOARDS AND COMMITTEES OF THE CITY OF SEBASTIAN Airport Advisory Board - 1975 - 1989 Annexation Committee- 1989 - 1990 Equity Study Commission - 1994 Golf Course Committee - 1982 - 1986 Parks and ReCreation Committee - 1985 - 1991 Riverfmnt Study Committee - 1990 - 1991 Riverfront Study Committee * 1996 - 1997 75th Anniversary Committee - 2000 F W Z Community Organization Sign OES Sebastian Chapter 204 Masons Rotary Elks Pilot Intemational Lions Club Knights of Columbus VFW Post 10210 National Exchange Club American Legion Sebastian River Art Club Sebastian Property Owners Daughters of American Revolution Sign similar to Chevron · ,, ~.'~i Sebastian epartment 1201 Main Street~;':"~ :~'~i'!~:'"":: :"~":'"~'~'" (561) 589-5233 Sebastian, Florida 32958 ~2 Fax) (561) 589-2207 SUBJECT: Health Hazard House 962 EvemJa Street Expenditure Required Amount Budget $ 9,750.00 None Agenda No. 01.174 Department Origin : Date Submitted : For Agenda of : Police 7/12/01 A_ppro. priation Required $ 9,750.00 SUMMARY STATEMENT House in questCon is 962 Evernia Street. On 04-05-2001 officers responded to the residence in reference to unsanitary living conditions and obnoxious odor. At that time they made contact with the homeowner and observed the interior of the residence, which was filled with garbage, cat feces and urine. Trash was piled at least. 5' high throughout the residence. The Health Department determined the premises to be a sanitary nuisance as described in Chapters 386. O1 and 386. 051 Florida Statues. Bids have been received from three companies that specialize in Bio-Hazardous materials clean up. See attached copies of the bids. RECOMMENDED ACTION Authorize International Biohazard Services, Inc. (I.B.S.) to clean the residence. This company will remove all hazardous materials, disposing of them properly and completely sanitize and seal the interior of the residence. The cost of this clean up will need to be paid by the City and a lien placed on the property. Notice under Chapter 66 has been provided m LB.S. International Biohazard Services, Inc. 2231 Hollywood Boulevard Hollywood, Florida 33020 USA ! Phone: (954) 922-9258 Fax: (~954) 922..7..009 May 12, 2001 City of Seb ~stian Police Department Officer Dermis Hovasse Fax: 561-5119-2207 REF: Price Ouote on Decontamination of Reside, nee Work to be performed: 1. Fumig,te residence prior to .entering and decontamination. 2. Order, dumpster for. removal ofa!l .art. icl.esdtns. E 3, All trash removed wall be bagged, reside the rosidence prior to disposel. 4. Remorse all trash and other materials. 5. l~moV, al of all carpyts 6. Remo~.al of all fumxture deemed to be unusable. 7. RemoVal of all appliances deemed to be ~usable, . 8. RemoVal of all drapes, wallboard crc. that Is contaminated. 9. Red b~g all biohazardous material. - · 10.Compli. ~tely sanitize the residence. I 1, Reside,rice meets approval of owner(s)-ready for painters, carpenters etc. Total ' for work performed: $9750.00. Respectfully, Walter Phiibrick FAX Crime site Cleaners, Inc.. 141 Hampton Circle Jupiter, FL $3458 .Office: 561-741-7499 Fax: 561.575-5533 ITC: Denis Hovas~..e_. FROM: John S. Edgley FAX #: 561-589-?.207 NO. OF PAGES: Including this page Claim #NIA ANY PROB~,L, ~,~, $ IN RECEIVING, PLEASE CALl' 56~1-741-7499 Crime Site Cleaners, Inc. 141 Hampton Circle Jupiter, Florida 33458 (Local) 561-741-7499 (Toll Free) t-877.741-7499 Offices in.- Marathon, FL; Clearwator, FI.; Jacksonville, FL; Orlando, FL; Atlarrta, GA; Newport News, VA May 13, 2001 Officer Denis Voyten Sebastian Police Department 1201 Main Street Sebastian, FL 32958 Dear Officer Voyten, I have enclosed two different estimates for the work that needs b~ be done at 962 Evernia Street, If you want us to handle the entirejob from trash removal painting and ra~arpefing, both estimates apply. We Will ask for a $2500 deposi[ before work'Commences. We will be able to s~art at your eadiest convenience. If you have any questions, please call me any time John S. Edgley President ~. Crime Site cleaners, In Jupiter, RoHda 3~58 Homicide, Suicide, Acoiden~l Fax: (56~) 575-5533 Oe~s, and Decomp~ifions - U~/~/~UU~ U~:U4 Crime Site Cleanem, inc. 141 -iampton Circle Jupiter, FL 33458 Loca: ($61) 741-7499 Toll Free.'1-877-741-7499 INameiAddmss or Insured: Contact: I Micki Barbieri 962 Evemia Street Se_bastian, FL Denis Hovasse i 561-589-4937 D~scription III Wet Solution Base Fogging. DESCI~IPTION Details Microban X-580 Amount Removal of all trash from house, patio, Igarage. and yard. Insect Treatment Sanitation of entire house. Ozone Base Fogging. TOTAL $ 13,990.00 Cdme Site Cleaner~, Inc. ~wT! not De held responsible for any damage to pemonal items during cleaning o~ recon~b'uction of =ustomer~ property, Num~ber of Phc~os:~ Claim NUmber: · ',: ." '. N/A'" . Crime Site Cleanem, inc. Name/Address of insured: 141 Hampton Circle Jupiter, FL 33458 Local: (561) 741-7499 Toll Free:1.877-741-7499 Tax ID ~ig.. ,,,, ,,,~t~, ::", ~= '-- ~ .....,,,'; ',;', h, ," Mictd Barbieri 962 Evemia Street Sebastian., FL Denis Hovasse 561-589-4937 N/A DESCRIPTION Description Repairs of all walls and wall preparation Sealant applied to all walls. Painting of two coats of paint. Carpet for entire house, TOTAL $ 3,300.00 .............. Ch'me Site Cleaner~, Inc, will not be held responsible for 8ny damage to personal Items du~fng c~leening or reconalrue~on of =ustome~ pro~;~/. --~ ~ , M~,y.-11-01 12:40P SWAT 24 Stuart F1 P.O~ SWAT 24 Stuart Florida 24 Hour Emergency Constr~cdoa 2575 SE F~dcral llighway S~uart, FI, 34994 (561) 286-SWAT r792~ [ (561) 2~fl-0222 Room: Building 1.280.00 SI: Walls 1,200.00 SI: Floor 4gO.O0 gF Long Wall C, OMPLETE DEBRIS REMOVAl. SABAsTIAN/CO ! LxWxH 60'0" x 20'0" x 8'0" 1.200.0 SF Ceiling 2,480,00 SI: Wall.~ & Ceiling 133.33 SY FIn~ring 160,00 ~: Floor Perim~tm' 160.00 SF Short Wall i 60.00 I.F Ceil. Perim,t,r ,! 200.00 I.~ 32.00 6,4~.00 4 MEN FOR 5 RAYS, ****NO'FE""~ ' ~Y HOU~Y COST OVER RUN DUE TO O~R PAR~PATiON IN THIS PROCESS MUST BF, ~ARGEd AS EXTRA WORK THAT lfi NOT INC I,U DE I) I N TIllS ES'I'I~TE. ~WAT 24 Iff NOT ~ESPONS~LE FOR ~Y ITEMS OF VALI~ ~AT OCCUPY '1'1~ flTRUCTU~. IF SUCH ITEMS ~ DISC~ED DURING WORK ~WAT 24 IS NOT LI~LE, Tyvek SuiL~ - PPP for bio-hazardous material 40,00 ~ &25 330,00 Protective gloves ~0.~ EA 5,75 230.00 Protective masks 40,00 EA 7.50 300.00 ~move damaged carper 1,200.00 fiF 0,31 372.00 Remove padding~ 1,200.00 SF 0.12 ~.00 'I~t-lbg deodohzc building 1.00 EA 150,00 150.00 FI,EA CO~ROL ABATEMENT 2.00 EA 75.00 150.00 App}y .germicide - gray/black water treatment 2A80.00 SF 0.17 421.60 ACID MOP · interior slabs 1,740.00 SF 0.37 M3.80 Encapsula,e exposc~ coac~tc slab 1,7~0.00 SF 0.28 487.20 JOB PROVISION: ~UCK TO BE MOVED FROM D~VEWAY. TREE TRIMED AT DRI~ WAY TO GIVE ACCESS TO DUMPflTER ~UC~ ROOM TOTAl.: Building 9,~,60 Room: General Provisions SF Walls SI;' Floor Sit Long Wall Remove l)umpatcr load - Large ROOM TOTAL: General Provisio~s SF Ceiling SY Flooriug SI: Shor{ Wall SF Walls & Ceiling LF Floor P~rimcter LF Coil. Perimeter 2,700,00 SABASTIAN/CO 0511112OO1 Page: 2 SWAT 24 Stuart Florida 24 }ioux Emergency Construction 2575 SE Federal Ilighway Stuart, FI. 34994 (561) 286-$WA'1' [7928! (561) 2[48.0222 ['FAX1 · Line Item Totals: SABASTi~N/CO 12,328.60 1,280.00 SF Walls [,200,(JO SI" Floor . 480.00 SF Long Wall 1,200.00 SF Ceiling 133.33 SY Flooring 16(}.00 SI" Short Wall 2,480.00 160.00 i 60.00 SI: Walls & ,.,cd,ng LF l:loor Perimeter LF Ceil. Per'meier SABASTIAN/CC) 05/11/2(101 ['age: 3 ..MaF~-ll-O1 12:4OP SWAT 24 Stuart F~ 561 288 0222 SWAT 24 Stuart Florida 24 Hour Emorgonoy Cm~snuotion 2575 SE F¢&'~al Highway S~al~ FL 34994 (561) 2S6~SWAT [7928] (56]) 2R~-0222 [FAX] O&P Items CI,EANING DEODORIZATION GENERAL DEMOLITION TEMPORARY REPAIR,q Subtotal Ovcrhcad Profit O&P llems Subtotal Non-O&P Items WATER EXTRACTION SERVICES NOn-O&P Items Subtotal O&P Items Subtotal Material 0,00% .000% Total Dollars 7,043.g0 757.Z0 2,700.00 i 1 1,15~.50 13,842.00 Total Dollars ~79~.60 1~,~42.{~0 47 % 57.13% 6.39% 21 8.14% 93.56% 6.4~% 6,44% SA DASTI AN/CO 05/I 1/2001 Page: 4 M~y-11-01 12:2BP SWAT 24 Stuart ~l ~61 288 0222 2575 SE Federal Highway, Stuart, FL 34994 *, (561) 286-7928 * Fax (561} 288-~222 Friday, May 11, 2001 From: To: Company: Fax#: #Pages: .Tohn David Coleman Susan D. Voyten Sebastian Police Depaetment (561) 589-2207 Contaminated house on Evernia 5 Notes: Susan - This is our estimate for cleanup and deodorization of the house we met at earlier today on Evernia. We look forward to performing this work for you and the city of Sebastian. Zf you have any questions regarding the estimate or need us for anything at all please phone. Thanks and we hope to hear from you soon. President SWAT 24 - Stuart 24 Hour Emergency Construction Services .May-Il-01 12:40P SWAT B61 288 0222 S~u~rt FN SWAT 24 24 llour Emuv 2575 gE Stuart. (561) 286 (561) ;tuart Florida ;choy Con-~truction deral Highway , FL 34994 gWAT [7928J .0222 ["FAX] Client: Client: Operator: Operator: Estimator: Eatimator: 'fttle: City of Sabastian Code Eaforcement JDC, John Coleman Pteside~.t 2575 SE Federal ltighway Smart, FI. 34904 Contact: Basiness: Faa: (561) 5894927 (561) 286-7928 xl17 (1561) 288-0222 Jeb Bush Governor 'PLORIDA D1EPARTMI!NT OF ~ G. Brooks, M.D. Secretary SANITARY SURVEY DATE: MEMO TO: SUBMITTED BY: SUBYECT: April 27, 2001 Officer Paul Graves Sebastian Police Deparg'l~nt F. Donald Bur. gess~_~~ Environmental Specialist ri cfi ' Indian River County Healm Departrnem Unsanitary Living Conditions 962 Evernia Street Sebastian, FL The above referenced premises was inspected on April 5, 2001 and determined to be a sanitary nuisance as described in Chapters 386.01 and 386.051, Florida Statutes. Several conditions that could be injurious to health were found at the above location. Roaches, rodems, and mosquitoes are capabie of. tramrrA~g dise~e, directly or indirectly to · humans, such as leptospirosis, streptobacilary fever (rat bite fever), abdominal angiostrongyliasis, hantaviruses, hymenolepiasis (mt tapeworm from rodem feces), plague, salmonellosis (from rats and eats), endemic flea-borne typhus fever, and encephalitis (from mosquitoes). If the conditions continue to exist, it could create a problem for other residents in the neighborhood. Environment. al Health 1900 - 27th Street Veto Beach, FL 32960 INDIAN RIVER COUNTY HEALTH DEPARTMENT Telephone: (5~I)794-7440 Suncom: 259-7440 Fax: 061)794-7447 ~ ~-<:- ,... ,.,/... ~: ~ .,~, ~:,, Bush Robot G. Bmok~, M.D. SANITARY SURVEY DATE: suBMITTED BY: SuBJECT: Indian Kiver County I--ealth Department Unsanitary Living Conditions 962 Evemia Street · Sebastian, FL .,,. On April 5, 2001 at the request of Lt. Lockhart, Sebastian Police Department, an inspection of the above referenced premises Was conducted to determine if the building is habitable. The inspection revealed the foll~wing conditions: Exterior - yard overgrown, full of dead vegetation. Back porch full of debris and junk Interior - living room, bedrooms, b~a,t~ooms, and kitchen full of household garbage and debris, piles several feet high in each room. House roach infested. Possible rodent infestation. Dirt, dust, cobwebs covering walls and ceilings. Obnoxious odors, caused by garbage, urine, and fecal matter from cats throughom the house. Recommendation: Premises unfit for human habitation until all garbage and debris is removed and premises has been properly cleaned.. INDIAN RIVER COUNTY HEALTH DEPARTMENT Environmental Health Telephone: (561)794-7440 1900 - 27th Strc'~t Smmom: 259-7440 Veto Beach, FL 32960 Fax: (561)794-7447 P0iic6 epartment Sebastian .. ! 201 Main Street ,~:!i~¢~:~ (561) 589-5233 Sebastian, Florida 32958 ' ~,,?:¢,.~:,.,' Fax) (561) 589-2207 SUBJECT: Law Enforcement Trust Fund Agenda No. : 01.0 8 3 Department Origin : Police Date Submitted : 7/0 3/01 For Agenda of : 7 / 11 / 01 Expenditure Required Amount Budget _ Appropriation Required $11,085.00 0 11,085.00 SUMMARY STATEMENT On May 15, 2001, the City received a distribution of $11,835.00 from Indian River County PGI (Project Generated Income) Fund (or M.A.C.E). These funds were requested by the Police Department for the purpose of purchasing three (3) Decatur Gemini In-Car Video Systems. These are the same video systems purchased via the Local Law Enforcement Block Grand and was supplied via sole source-Law Enforcement Supply Company, Inc. Due to the previous purchase of the same system, the city has received a $900.00 discount from Law Enforcement Supply. These systems are 8MM and are installed in an overhead console as opposed to over the dash board. This' is' very useful in that it is space saving and air bag friendly. RECOMMENDED ACTION Authorize the above video systems from Law Enforcement Supply Co, inc. in the amount orS11, 085. 00. Waiver bid procedures and approve sole source purchase. City of Sebastian, Florida Subject: Range Netting Installation Approv~ubmittal,'b~Manager I / I ....... / ... Agenda No. 01.17 5 Department Origin: Director of Golf General Service Administratot~~~.~ Date Submitted: For Agenda of: July 11, 2001 Exhibits: Price quotes (bids) from range netting vendors, technical specifications and scope of work of project. EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: REQUIRED: $78,910.42 $80,000 $0 SUMMARY The Sebastian Golf Course driving range is positioned between holes number one and number nine. Quite frequently, golfers hit range balls into the playing areas of the previously mentioned holes. The range-netting project will greatly reduce the chance of a golf ball flying into the playing areas of holes one and nine. By reducing the chance of a golf ball flying into the playing areas, the golfer who is playing hole number one or number nine will be protected from the unfommate instance of being hit by a range ball. Increasing the safety factor (and decreasing the risk to the City of Sebastian) is not the only benefit of the range netting. The netting will also decrease range ball loss, as most range balls will easily stay within the range area. The range netting will withstand hurricane-force winds while appearing attractive and aesthetic. The City Purchasing Division obtained sealed bids for the range-netting project. Asplundh Construction Corp. submitted the lowest bid ($73,340.00), as shown on the attached bid tabulation form. Asplundh Construction provided an amended bid ($78,910.42) for an alternate design, which increases the structural strength of the netting system. RECOMMENDED ACTION Move to award Sebastian Golf Course range netting contract to the low bidder Asplundh Construction Corp. in the mount of $78,910.42, and authorize staffto execute an agreement for same. SCOPE OF WORK SEBASTIAN GOLF COURSE RANGE NETTING PROJECT - JULY 2001 Construction Starting Time Construction is to begin on July 23rd, 2001. Completion to be 30 calendar days thereafter. Equipment All equipment necessary for performance shall be on the project site and approved by the Head Golf Professional before work will be permitted to begin. Responsibility of the Contractor The Contractor will be responsible for delivering all necessary quantities of construction materials, equipment, and personnel necessary for compliance with the scope of work. Clean-Up / Site Restoration At the completion of all work shown on the scope of work, the Contractor shall remove all tools, equipment, debris, etc. from the work site. The Contractor shall repair areas that have been disturbed by his operations, and leave the areas of site in equal to or better than pre-construction condition. The Head Golf Professional shall approve site restoration. Technical Specifications Quantity 7 18 20 40 52 20 5800 feet 2000 feet 2000 feet 55 26 40 20 50 60 65 5400 2 4 2 16 Description 35 foot class "3" wood poles 60 foot class "2" wood poles Triple Helix Anchors % inch Williams Fittings 5/8 inch Flat Guy Hooks Guy Guards 3/8 inch Galvanized guy steel 7/16 inch Galvanized guy steel 5/16 inch Galvanized guy steel 5/8 inch Hubbards ½ inch 3 - bolt suspension clamps 5/8 inch 3 - bolt suspension clamps Unthreaded eyes 7/16 inch Preforms 3/8 inch Preforms 5/16 inch Preforms Galvanized Snaps Panels 25 feet high x 74 feet long (west and east side) Panels 25 feet high x 64 feet long (north side) Panels - angle 25 feet high x 50 feet high x 74 feet long Panels 50 feet high x 74 feet long (west and east side) Netting Installation Total square footage of netting: 76,000 square feet. Netting will consist of ninety five (95) pound polyester, 3/8 inch rope barrier, ultra-violet treated, 18 gauge, 400 pounds per square inch, 3000 pound rope border tested, 8% wind resistance, wit2a five (5) year warranty. *Poles - direct bury in ground 9 feet *Poles - hydraulically tampered and back-filled *Storm Guys placed 25 feet ba~k from all poles, three (3) guys placed on west side, three (3) guys placed on east side, and two (2) guys placed on north side i *All materials, anchors, bolts, hooks, guy guards, clamps, preforms, snaps, hubbards, galvanized guy steel,! and unthreaded eyes must be powerline- approved. *All installers must be certified! Powerline-man approved. *west and east side- ten (10)-~ seventy four (74) feet sections. First two (2) sections will be twenty feet (20) in height, and remaining eight sections will be forty (40) feet ii~ height. *north side - four (4) sixty four !(64) feet sections at a height of twenty (20) feet. *See diagram on following pag~ height of back(north) net -25' 64' ~--~est side of netting east side-- 'l 74' 100' range tee 225' PAGE Bi ,sport & ~Tottlna. S*zod~ June 20° 200! Su~jeet: Off~ce 20~067-087 Fax 205,-967-457 ,jesUS M, ~ei~'o,, ]Suyer Total p~Tes: ~, Attached is 'the amended bid from includes tho.~ngoa we: dtscruned, youtorchyle re..spa0e ~e l~les on md· ~ ~e~ 74' O/C.to 61' ~o ~o~ot.. A~ we d~~,.'we, can start es em:IT es july ~3, ~00 ! ~, Han~ Bu~che'lt ~6/~0/01, ~ED 0~:¢~ FiX CO0~ STUFF 'Net Connection, Sport & June 10... ~001 " Com'Se/Rmlg~ C, tWor Sebastis. n Municipal Ooif Course Loc~Ltion~ Seb~n, Florida, Add four i.~onal.80' .class .~ poies, two east, to tim east and west sides of tho .~',.rat~ge'aetiing pr~ject. This would ~e-s~ tl~ poles on flte.e~st tncl west sides, ~ont ?4'.O/C.to 61' 9" 0lC. Four, SO, fOot, ~ two'wood poles 2s0 feet o! ,suppo. cab~e 1,018:~, fl,' ~'~d~ d830ba~er ne~g . Addition~ bolts, Washers, elamps, and othor hardware. (All galvanlsed) Amendoa.Bid Paoe.....,...... ........... ...... .............. '.... ............ $ ~8,,910,4~' app'.lied for'~ll balances beyond 30 da~s. 18% pez annum. Pri~es qvoted .ia e~'ect fc~ 60 da~ HOM]; Of PF.,~CAN ISLAND City of Sebastian, Florida Subject: Resolution No. R-01-50, repealing Resolution No. R-98-02, establishing land development code application fees. prove ..for Sub ~,mi~ b : Agenda No. 01.1 7 6 Department Origin: Growth Management Tracy E. Hass ~/~ Date Submitted: June 29 2001 For Agenda of: July 11, 2001 Exhibits: Resolution No. R-01-50, establishing land development code application fees, development review fees schedule comparisons. EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: None REQUIRED: None None SUMMARY While drafting the 2001-02 budget, staff determined that many of the existing permit fees do not cover actual cost of processing the associated applications. Furthermore, many of our more complicated development order applications, i.e. land use changes, zoning changes, and site plan reviews, require expensive newspaper advertising that can easily cost upwards of several hundred dollars. Therefore, the associated fees for processing these permits sometimes only covers our advertising cost and not the absorbed cost of processing the applications. The City's Growth Management Department has been operating via Resolution No. R-98-02, which amended changes to the City's development order application fees. Prior to 1998, the City last amended the fee structure in 1987. Although, the revised fees in 1998 were more in line with fees charged by Cities of similar size and growth rate, we are still at a level much below actual cost for processing said applications. Although not generally a well-liked idea, we feel it is necessary for the City to raise certain development order fees to cover our administrative cost involved in reviewing and processing said applications. Therefore, the Growth Management Department, with the assistance of the City of Eustis, has performed a development review fee survey to determine an appropriate and reasonable fee structure for all development order permit applications. Attached hereto you will find the results of this survey, which determined that the majority of permit application fees charged by the City of Sebastian Growth Management Department fall below the parameters of other cities of similar size. Therefore, we are recommending modifications to the land development code application fees to bring them to levels that will cover actual costs of processing permit applications, as opposed to the current system of subsidizing said development orders via the general budget. RECOMMENDED ACTION Move to adopt Resolution No. R -01-50. RESOLUTION NO. R-01-5,0 A RESOLUTION OF THE CITY OF!SEBASTIAN, FLORIDA, ADOPTENG LAND DEVELOPMENT APPLICATION FEES; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABII,ITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Land Developmedt Code contains requirements for submittal of various applications for development related approvals and permits; and WHEREAS, the City entails certain costs in processing said applications and endeavors to offset these costs through applicati°n fees; and WHEREAS, the fees were last adjusted by Resolution R-98-02 in 1998 and some , charges o not cover the out-of-pocket expenses of the City such as publication of requisite legal notices; and WHEREAS, the fees set out in the existir~g resolution need to be revised. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORII~A, as follows: Section 1. FEE SCHEDULE. The f~ee schedule attached hereto as Exhibit "A" is hereby adopted, and said amounts shall applyl to applications under the Land Development Code as appropriate. I Section 2, CONFLICT. All ResolutiOns or parts of Resolutions in conflict herewith, particularly R-98-02, are hereby repealed. Section 3. This Resolution shall become effective immediately upon adoption. The foregoing Resolution was moved for adoption The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: by Councilmember Mayor Walter Barnes Vice Mayor Ben Bishop Councilmember Joe Barczyk Councilmember James Hill Councilmember Edward Majcher The Mayor thereupon declared the Resolution dully passed and adopted this 1,(th day of July, 2001. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Walter Barnes, Mayor Sally A. Maio, CMC City Clerk (SEAL) Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney 2 Permit Current Fee Proposed Fee Subdivision (Preliminary Plat) greater than 50 acres Subdivision (Construction Plans) 50 acres or less Subdivision (Construction Plans) greater than 50 acres Subdivision (Final Plat) Subdivision (Division of Single Lot) Commercial Subdivision (Division of Single Lot) Residential Time Extension of Site Plan, DRI, Subdivision, PUD, or any other Deadline or Date Action Revisions to an application which require the re-publishing of the public notice of the application. Unity of Title (Release) $20/acre $450 $9/acre $400 $50 $50 original fee Original Fee $0 $1000 + $20/acre $450 $450 + $9/acre $400 $1oo $50 ½ original fee Actual Cost of re- publishing and re-mailing notices $50 Exhibit "A" Page 1 of 2 Permit Current Fee Proposed Fee Accessory Structures Address Change Re~luest Annexation Pre-Application Board of Adjustment (Appeal) Board of Adjustment (Variance) Comprehensive Plan (Land Use Amendment) Comprehensive Plan (Land Use Amendment, Small Scale) Comprehensive Plan (Text) Conditional Use Permits (Commercial) Conditional (Model Homes) Conditional (Home Occupations) Development of Regional Impact Easement (Vacation of) Land Clearing (Commercial) . Grubbing Land Clearing (Residential) Grubbing Tree Removal Land Development Code Amendment PUD (Conceptual Development Plan) PUD (Preliminary Development Plan) 50 acres or less PUD (Preliminary Development Plan) Greater than 50 acres PUD (Preliminary Development Plan) Site Plan PUD (Final Plat) Rezoning Sign (Fagade) Sign (Monument) Site Plan (New Development) Site Plan (Administratively Approved) Site Plan (Major Modification) Site Plan (Minor Modification) Special Use Permit Street Abandonment Subdivision (Preliminary Plat) 50 acres or less 0 0 0 $50 $150 $200 $450 $400 $45O $1oo $1oo $1oo $1ooo $1oo $50 $50 $50 $225 $400 $1100 $22/acre $5OO $200 $450 $50 $50 $450 $175 $450 $125 $400 $175 $950 $50 $50 $30O 0 $150 $200 $1500 $1000 $1500 $250 $150 $1oo $1ooo $125 $100 up to 5 acres, greaer than 5 acres = $20 acre $50 $25 upto 5trees, greamrthan5 = $5 ~ee $450 $600 $1100 $22/acre $700 $450 $650 $1oo $75 $650 $175 $450 $250 $400 $175 $1000 Exhibit "A" Page 2 of 2 8 8 ! o HOMI OF PtLIO~I tnI, AN~ City of Sebastian, Florida Subject: Resolution No. R-01-51, abandoning a 20' wide by 50' long alley as described within the attached legal description. Agenda No. 01.17 7 Department Origin:. ,Growth Management Tracy E. HaNs ,,'~)'.,~[~' f/~ppro~d,~-'~'/~_ /~.//~f°r S.~t~!b~y: Date Submitted: June 29 2001 ,_..~'~~~ff~ R-~I.~I, lo~ For Agenda of: July 11, 2001 Exhibi cation map, legal description. EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: None REQUIRED: None None SUMMARY Mr. Jen-y Hall has requested abandonment of the aforementioned alley located adjacent to 698 Jackson Street. The stated reason in the application is to allow the homeowner to clean and maintain Brazilian Pepper infestation and to regain property to original configuration. In considering applications for vacating public fights-of-way, the Planning and Growth Management Director and all relevant City staff shall review whether any public purpose is served' by the subject right-of-way. This evaluation shall consider all relevant public purpose options associated with drainage systems; water service; sanitary sewer services; roadways, pedestrian and/or bicycle ways, and alleys; public safety, including emergency service access and egress; communication systems; power and/or fuel networks; or other public or semi-public services essential to the public welfare and safety. Consideration shall include present and future needs for the right-of-way for purposes of accommodating or improving delivery of public services and/or ensuring convenient access for service and/or maintenance or other public benefit now or in the future. In order to affirmatively reComm~fid'i'~/~i~'ati°n of rights-of-way, the Planning and Growth Management Director shall render a fmcling that no current or future public purpose can be identified for the subject right of way. As you will see in the attached information, the small 50' alley section is the only remaining section of a previously platted alleyway. The remaining sections to the south were all previously abandoned. No utilities, or other public infrastructure improvements are located w/thin the prescribed ROW. It has not been maintained and is essentially overgrown with Brazilian Pepper Trees. Therefore, it is staff's position that there is no current or future public purpose for the subject alley ROW. .i Prior to rendering a final decision, the City Council shall consider the report prepared by the Planning and Growth Management Director. The City Council shall not approve the vacation of a public right-of- way unless the £mding is consistent with the following criteria: 1. No current use of the right-of-way beneficial to the public interest exists; No projected furore use or re-use of the right-of-way beneficial to the public interest exists; No adverse impacts on public servlces caused by the proposed vacation now or in the future can be identified; and No adverse impacts to adjacent properties as well as major areas or land uses currently benefiting from a public service or system that uses the subject fight-of-way can be identified. The City Council shall cite specific findings in support of a final decision to vacate a public fight-of-way, includingi an absence of public purpose for the subject right-of-way. Similarly the City Council shall identify specific findings in support of any decisio~a to retain the public right-of-way. Any decision to vacate a public right-of-way shall be by resolution of the City Council. RECOMMENDED ACTION Move to adopt Resolution No. R-01-51. RESOLUTION NO. R-01-51 A RESOLUTION OF TIlE CITY OF SEBASTIAN, FLORIDA, ABANDONING RIGHT-OF,WAY FOR AN ALLEY OFF JACKSON STREET IN OCEAN HEIGHTS SUBDMSION; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERAB]I,ITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, City has received an application from Jerry Hall for abandonment of a right-of-way adjacent to property he owns in the City of Sebastian; and Wl:II~REAS, the right-of-way is for a 20 foot wide, 50 foot remainder ora partially abandoned and unused alley in the amended plat of Ocean Breeze Heights Subdivision; and WHEREAS, said application has been processed in accordance with the provisions of the City Code, and the City Council finds that the right-of-way is no longer needed for a public purpose; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1, RIGHT-OF-WAY ABANDONED. The City hereby abandons and releases its interest in that portion of the right-of-way for an alleyway as described in the attached Exhibit "A", as further illustrated by the survey contained in said Exhibit. Section 2. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this resolution is invalid or unconstitutional,' the remainder of the resolution shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provisions. It shall further be assumed that the City Council would have enacted the remainder of this resolution without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 4. upon adoption. EFFECTIVE DATE. This resolution shall become effective The foregoing resolution was mover The motion and, upon being put to for adoption by Councilmember was seconded by Councilmember vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor Ben A. Bishop Councilmember Joe Barczyk Councilmember James Hill Councilmember Edward J. Majdher, Jr. The Mayor thereupon declared this resolution duly passed and adopted this 11th day of July, 2001. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Mayor Walter Barnes Sally A. Maio, CMC City Clerk Approved as to form and legality for reliance by the City of Sebastian: Pdch Stringer, City Attorney OF LOT I, BLOCK I . .~.--~ ~_5~_' / I FD .,4" CAPPED IRON PIPE (PRP1) 6~)d'~O- -- ""~=/----7,",~-; I .¢ u- / ,oT i I SEBASTIAN CEMETERY PART OF LOT I PARCEL, A PART OF LOT I / BDOCK I TONN OF NAUREQAN NM CORNER LOT 1, BLOCK AMENDED PLAT OF ~EAN BREEZE HEIGHTS LOT I BLOCK PLAT BOOK 2, PAGE 7, -~' ¢ INDIAN RIVER COUNTT, FLORIDA ,/ / ~ LOT2 ~ ~ BLOCK I LOT 2 BLOCK P.O.B. ABANDONED LOT 5 BLOCK I Exhibit "A" '1 QF~AF::'Iq lC ,SCALE 20 0 10 20 ( IN FEET ) I inch : 2¢ Ft.. LEC~ENE) POC - POINT OF C, Or'IP1ENCEI"IENT POB - POINT OF BEGINNING ~EC = SECTION TNP k TOb4NSHIP RGE - RANGE GOV'T - GOVERN/'IENT PRffl - PERF1ANENT REFERENCE MONUrlENT .SKETCH OF LEGAL E)ESC. F~IPTION OF ADANDONEE) ALLE'r': FOF~: JEF~t~"'r" F. ~' MAF~SFtA G. MALL (SEE SHEET 2 OF 2 FOR LEGAL DE5CRIPTION) I.-IOIJ,.STON,~ PF~ICE, INC. ProFessional Land Surveyors q436 U.S. Highway I 5¢baslion, Florida 32qB& TEL: (561) 366-6603 DNN. BY: PRB ~,~ CKD. BY: SAN PROJ. NO. O0-22qLG " THIS tS NOT ,A " BOUNDARY 5U F~VE"r" DATE: 5103/01 SCALE: I": 20' Le~at DesCription: AI~ANDONEE) ALLEY ALL THAT PART OF AN ALLEY, TO I~E ABANDONED, AS 5HONN ON THE AMENDED PLAT OF OCEAN BREEZE HEIGHT5 5UBDIVlDION, AS RECORDED IN PLAT BOOK 2, PAGE 7, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, LYINGi ADJACENT AND CONTIGUOUS TO LOTS I, 2 AND 3, BLOCK I; LOT I, BLOCK (¢, AND THE NORTHERLY RIGHT OF NAY LINE OF Ilth. STREET (A~ PLATTED), JACK~ON STREET (AS POSTED), BEING MORE PARTICULARLY DESCRIBED A5 FOLLOINS; COMMENCING AT A CAPPED 4" IRON PIPE LABELED A5 A PRM ON 5AID AMENDED PLAT OF OCEAN BREEZE HEIGHTS, 5AID POINT ALSO BEING THE MOST NORTHERLY POINT ON 5AID LOT I, BLOCK I, RUN 546"20' 5q"lN~ ALONG THE NORTHiLINE OF SAID LOT I, BLOCK I, 15.07 FEET TO A POINT, THENCE CONTINDE 54(~"20'Sq"P4~ ALONG THE NORTH LINE OF 5AID LOT I, BLOCK I, 6515& FEET TO THE NORTHI/,IEST CORNER OF 5AID LOT I, E~LOCK I, THENCE 1525'IWO0"E, ALONG THE INEST LINE OF SAID LOT I, BLOCK I, 55.?6 FEET TO THE NORTHMEST CORNER OF 5AID ALLEY FOR THE POINT OF BEGINNING~ - THENCE NGS"ID'~D"E, 20.02~ FEET, THENCE 525'lq~00"E, 50.0'7 FEET TO THE NORTH RIGHT OF]tHAT LINE OF Ilth, STREET (AS PLATTED), JACKSON STREET (AS PC~STED), THENCE 565'18'38"N, ALONG THE ' aAID NORTH RIGHT OF NAT LINE OF JACKSON STREET, 20.028 FEET, TO THE 5OUTHEA5T CORNER OF LOT I, BLOCK 6 OF SAID OCEAN [SREEZE HEIGHT5 5UBDIVISION~ THENCE N23"lq'00'N, .ALONG THE EAST LINE OF 5AID LOT I, [~LOCK 6~ 50.07 FEET TO THE POINT OF BEGINNING. 5AID PARCEL OF LAND C(J:)NTAINING 1001.07 5Q. FT., (0.0230 ACRES), MORE OR LES5, HOI~STON 4: PRICE~ INC. I-IOUSTON' ~ PRICE, INC, Professional Land 5urvsyors q456 U.5. HighLuay I 5¢basLian, Florida 32qS& TEL, (561) 366-6r003 PROJ. NO. O0-22qLG 14NI5 5URVET 15 NOT VALID NITNOUT THE ~I¢,NATDRF AND THE ORIGINAL RAISED SEAL OF 31NE FLORIDA LICENSED 5URVETOR AND MAPPER ~MED 5TUAET A. HOUSTON, P,L.5, ~44~.0 5NEET 2 OF 2 :ity of Sebastian Development Order Application Permit Application No. Applicar~t (If not owner, written autl)orization [notarized) from owner is required) Name: Address: 7 '7 / / . ~d;~/E..L-~ D ~,~-~ ~, ~ . / Phone Number: (~: ( ) ~-~/ - ~ / ~-- F~ ~umber: ( ) - E-Mail: Owner (If different from applicant) Name: Address: Phone Number:. ( ) FAX Number: E-Mail: Type of permit or action requested: PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE A'I-i'ACHED AND 81/2" BY 11" COPIES OF ANY A'Iq'ACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. ~- IA. Project's Name (if applicable): B. Site Information Lot: /.~Block: / Unit: Subdivision: Indian River County Parcel ¢: -~isting Use: '~-~'/D/~TI~ Proposed Use: C. Description of proposed activity and purpose 'of the requested permit or action (attach extra sheets if necessary): .,, '--" IForm CD-200f Approved: 08127197 I Revision: FEE"PAID: $' ~i('~ ¢00__ Page f of 3 tDevelopment Appfication File Name: Doa ermit Application No. -D. Project Personnel: Agent: Name: Address Phone Number: ( E-Mail: FAXiNumber: ( ) Attorney: Name: Address Phone Number: ( E-Mail: FAX Nurnber:( ) Engineer: Name: Address Phone Number:. ( ) FAX~Number: ( ) E-Mail: IForm CD-2001 L ApproVed: 08/27/97 Surveyor: Name: /o L2 5' '7"~ Address '? ~:/,_~ Phone Number: E-Mail: FAXiNurn~ber: (.3'6;(').~E)- ,.~¢:-o ~ I,///'1 AM THE OWNER ~ AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MA'FI'ER OF THIS APPLICATION, AND THAT ALL THE INFORMATION, MAPS, DATA /~ND/OR SKETCHES PROVIDED .IN THIS APPLICATION ARE ACCURATE AND TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF.! SIG DAT~( WHO IS PERSONALLY KNOWN ~O ME OR PRODUCED_ ~ G ~¢¢ --~ { 7 ' F ¢'--~ ~ ~' ~ AS IDENTIFICATION, THIS ~ DAY OF ~~ , ~~ ( PRINTED NAME OF NOTARY ~. ~~~ ~] ~ ~ COMMISSION No.J~PIRAT~ON ~ .,,'~., ~rR~DINE~N~SKUDE~ S~L: , ~'"'~ ,' '~ UYCOUUBS10N~CCT~33~ ~ , ~ E~PIRES:~er26,2~2 i ~ ............. fA_ ~ ~ Development Application Revision: File Name: Dca ermit Application No. The following is required for all comprehensive plan amendments, zoning amendment (including rezoning), site plans, conditional use permits, special use permits, variances, THE excePtions, and appeals. I/WE, OWNER(S) __ THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE BOARD/COMMISSION OF T. HE CITY OF SEBASTIAN (THE "BOARD"/i'COMMIS$1ON") TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION.. I/~VE HEREBY WAIVE ANY OBJECTION OR DEFENSE i/WE MAY HAVE, DUE TO THE QUASI-JUDICiAL .NATURE OF THE PROCEEDINGS, RESULTING FROM ANY BOARD/COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. THIS WAIVER AND CONSENT IS BEING SIGNED BY MF_.JUS VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR PROMISES MADE, BY ANY EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY~F SEBASTIAN. SIGNATURE Swom to and subscribed before me by ~_~P who is personally known to me or produced P~-.. L~'~ as identification, this Notary's Signature Printed Name of Nota~ Corn; nission No./~piration Seal: IForm CD-200'1 Approved: 08/27/97 Revision: Page 3 of 3 IDevelopmen t Application File Name: Dca' Permit Application No. Supplemental Information Streets, abandonment of 1. Descdbe the street to be description) ,~/3.4../-/~o/',/~ /Y'~ Z_T ,'~ OF,,= -r t-~ l ~- vacated (attach a legal 2. Why is this abandonment of a street being request? j~,~l,'~' ~,~ ~,-,'N,'/-'~ '7'-~ : c 3. Is this street current being used? If sO, descdbe the use: 4.Attach a map showing the location of' requested. [he street that the abandonment is being LForrn CD-2021 Approved: 8127197 I Revision: Page ~_of ~ tStreet Abandonment File Name: Sistab (V ! ABANDONED ROADS ORDINANCE 85---17 HOMF OF PF. LK~IN ISLAND City of Sebastian, Florida Subject: Resolution No. R-01-52, abandoning a portion of the Indian River Drive right-of-way. Exhibits: Resolution No. R-01-52, location map. Agenda No. 01.178 Department Origin.:, ~Gr, owth Date Submitted: June 29 2001 For Agenda of.' July 11,2001 EXPENDITUR~ REQUIRED: None Management AMOUNT BUDGETED: None APPROPRIATION REQUIRED: None SUMMARY In an effort to effectively "clean up" the right-of-way and create a consistent ROW width along Indian River Drive, staff has evaluated the ROW widths nmning along this corridor. Apparently when the roadway was originally platted, there appears to have been an effort to acquire additional ROW in anticipation of future widening. However, U.S. 1 was constructed sometime thereafter and there was no longer the need to acquire additional ROW. However, the City was left with a roadway constructed mainly within a 66' ROW, w/th two sections containing an 80' ROW. The two sections being from River Oaks Townhouses (just north of Cleveland Street) south to the south City limits, and the other being lots 1 through 20 of the Indian River Hills Subdivision (Oyster Pointe north to the south property line of Anglers Obsession). In considering applications for vacating public rights-of-way, the Planning and Growth Management Director and all relevant City staff shall review whether any public purpose is served' by the subject right-of-way. This evaluation shall consider all relevant public purpose options associated with drainage systems; water service; sanitary sewer services; roadways, pedestrian and/or bicycle ways, and alleys; public safety, including emergency service access and egress; communication systems; power and/or fuel networks; or other public or semi-public services essential to the public welfare and safety. Consideration shall include present and furore needs for the right-of-way for purposes of accommodating or improving delivery of public services and/or ensuring convenient access for se?viCe-and/or maintenance or other public benefit now or in the future. In order to affirmatively recommend vacation of rights-of-way, the Planning and Growth Management Director shall render a finding that no current or future public purpose can be identified for the subject right of way. All aforementioned issues were raised in evaluating which, if either, sections were suitable for abandonment. It was determined that the northern section from Oyster Pointe north to the south line of Anglers Obsession, has no current or future public purpose. However, the southern section, from River Oaks Townhouses south to the south City limits, hol~ls inherit value due to the ongoing park expansion program, which will eventually include additionalI drainage improvements. Therefore, there is a demonstrated need for the City to maintain the 80' ROw width along the southern section. Within the northern section as described above, the [indian River Drive sidewalk and other associated enhancements were constructed within the 66' ROW as if the ROW was continuously 66' in width. Therefore, even with a reduction in the ROW width from 80' to 66', all improvements will still be within the prescribed City ROW. Additionally, all utilities and stormwater drainage improvements have been constructed within the 66' ROW and will not be adversely affected by the reduction. The City Manager, Public Works Director, City Engineer, and Growth Management Director have analyzed the ROW along Indian River Drive, and find that there is no current or future public purpose for the City to continue maintaining the additional 14' of ROW within said northern section. Staff collectively recommends reducing the ROW from 80' to 66'. Effectively, each property within the prescribed areas along Indian River Drive will gain a~ additional 7' of property (7' on the east and west sides = 14' total reduction in ROW). A total of 19 privately held lots and 1 publicly owned lot, for a cumulative total of 20 lots, are affected by this proposal. Prior to rendering a final decision, the City Council Shall consider the report prepared by the Planning and Growth Management Director. The City Council :shall not approve the vacation of a public fight-of- way unless the finding is consistent with the following criteria: No current use of the right-of-way beneficial to the public interest exists; No projected future use or re-use of the right-of-way beneficial to the public interest exists; No adverse impacts on public services caused by the proposed vacation 'nov):}5~"in the future can be identified; and No adverse impacts to adjacent properties as well as major areas or land uses currently benefiting from a public service or System that uses the subject right-of-way can be identified. The City Council shall cite specific findings in suppor~ of a final decision to vacate a public right-of-way, including an absence of public purpose for the subject right-of-way. Similarly the City Council shall identify specific findings in support of any decision to retain the public right-of-way. Any decision to vacate a public right-of-way shall be by resolution of the City Council. ' ':" :~ rc a~ cc ~... RECOMMEND] Move to adopt Resolution No. R -01-52. ~D ACTION 2 RESOLUTiON NO, R-01-52 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, ABANDONING A PORTION OF RIGHT-OF-WAY FOR INDIAN RIVER DRIVE IN SECTIONS EXCEEDING THE STANDARD WH)TH OF SiXTY-SIX FEET; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, during the construction of the Riverwalk it came to the attention of staffthat the right-of-way for Indian River Drive does not maintain a consistent width throughout the jurisdiction of the City; and WHEREAS~ in two significant areas, one just south of Davis Street and the other in the area of Riverview Park, the right-of-way measures eighty-feet as compared to the standard width of sixty-six feet elsewhere in the City; and WHEREAS, staff analysis suggests that the right-of-way near the Park should be maintained at the current width due to impending redevelopment of the area and the likelihood that the drainage system must be retrofitted to meet newer, more stringent state and federal standards, and WItEREAS, the City Council finds that northern area is fully developed and the infrastructure needs of the area are in place and located within the sixty-six feet width of the adjoining roadways, thus the additional right-of-way is no longer needed for a public purpose; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. RIGHT-OF-WAY ABANDONED. The City hereby abandons and releases its interest in that portion of the right-of-way for Indian River Drive described as the northeasternmost seven feet and the sOuthwestemmost seven feet of the right-of-way of Indian River Drive as it lies between Lots 1 - 10 and 11 - 20, Indian River Hills Subdivision, as recorded in Plat Book 04, page 051, Public Records of Indian River County, Florida, as illustrated by the attached Exhibit "A". Section 2. CONFLICT. All resOlutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. SEVERABII,ITY. !n the event a court of competem jurisdiction shall hold or determine that any part of tl~is resolution is invalid, unconstitutional or results in a taking of private property, the remainder of the resolution shall not be affected and it shall be presumed that the City CounCil of the City of Sebastian did not intend to enact such invalid, confiscatory or unconstitutional provisions. It shall further be assumed that the City Council would have enacted without said invalid, confiscatory or unconstitutional remainder to remain in full force and effect. Section 4. upon adoption. the remainder of this resolution provision, thereby causing said EFFECTIVE DATE.i Tiffs resolution shall become effective The foregoing resolution was moved for adoption by Councilmember The motion i was seconded by Councilmember and, upon being put tol a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor Ben A. Bishop ~ Councilmember Joe Barczyk Councilmember James Hill Councilmember Edward J. Majicher, Jr. The Mayor thereupon declared this OrdinanCe duly passed and adopted this 11th day of July, 2000. CITY OF SEBASTIAN, FLORI3DA ATTEST: By: Mayor Walter Barnes Sally A. Maio, CMC City Clerk Approved as to form and legality for reliance by the City of Sebastian: Rich Stringer, City Attorney ......... 5 AC 00000 0010 O00CJ~,O NO'I'[!',: TIlE TOP I/ '~ OF A[R;[.I~']' PARI': AND (~I!;UICI'i,',I~Y Aid:', VI,;I{Y I)l$'rol{'l'l:]l) AUGUST PARK ESTATE SUB P,B,S. 01-001g ,S'POI L IS LAfi D NO, $ 0'7 oo 00006 0030 00001,0 Oi .' SW 1/4 Section 31 30s-39e map # 02.1~ compiled 02/161~9 b~j the Indian Ri~er Count]/Property Appraiser's Office page 1-42 MIDI )L '7 ( (' TWP 30,: 4OO 500 City of Sebastian, Florida ~C~ OF TH~ crrY ATTORNEY ~ AGENDA TRANSMITTAL Agenda No. Subject: Resolution R-01-55; telecommunications tax, maximum distribution rate option 01.156 Date Submitted: 7/3/01 For Agenda of: 7/11/01 SUMMARY: The recent legislative session made further changes to the uniform telecommunications tax distribution options. Rather than utilizing the state's estimated equalization rate of 3.22% for past revenues (which, remember, somewhat penalized Sebastian because of lower historic revenues associated with the utility tax cap), each municipality is provided the option of selecting a statutory maximum rate of 5.1%. This selection must occur and be transmitted to the state by July 16, 2001. In lieu of final adoption of Ordinance O-01-14, this would be the preferred method of proceeding It appears that most local governments are selecting the maximum rate. RECOMMENDED ACTION: AUTHORIZED PLACEMENT ON AGENDA BY CITY MANAG RESOLUTIO~ NO. R-01-55 A RESOLUTION O]F THE CITY OF SEBASTIAN, FLORIDA, RELATING TO REQUIRING AND COLLECTIN(] PERMIT FEES FROM PROVIDERS OF COMMUNiCATIONS SERVICES AND ESTABLISHING THE LOCAL COMMUNICATIONS SERVICES !TAX RATE; PROVIDING FOR INTENT; PROVIDING FOR NOTICE TO THE DEPARTMENT OF REVENUE; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WltEREAS, Chapter 2000-260, Laws of Florida, as amended by Chapter 2001-140 (hereinafter called the "Communications Services Tax Simplification Law"), restructures and consolidates all taxes imposed upon communicatidns services; and WHEREAS, the Communications ServicEs Tax Simplification Law allows the City of Sebastian to elect to adopt either a state-calculated "conversion" rate or a "maximum" rate for the local communications service tax (CST) to be distributed to City from the State; and WHEREAS, the Communications Services Tax Simplification Law requires each municipality to make an election regarding the payment of permit fees by providers of communications services; and WHEREAS, a municipality may elect not to require and collect permit fees from any provider of communications services that uses or occupies municipal roads or rights-of-way for the provision of communications services. If the municipality elects not to require and collect permit fees, the total rate for the local (CST)!as computed under Florida Statutes for that municipality may be increased by resolution by an amount not to exceed a rate of 0.12%; and WHEREAS, the Department of Revenue must be informed of a municipality's election by certified mail postmarked on or before July 16, 2001; and WHEREAS, whatever elections the municipality makes shall take effect on October 1, 2001. NOW, THEREFORE, BE IT ORDA~D BY THE CITY OF SEBASTIAN, FLORIDA AS FOLLOWS: SECTION 1. Election to impose "maximum" rate; FY 2001-2002.' Pursuant to F.S. 202.20 the City of Sebastian hereby elects Utilize the "maximum" rate thereunder and, accordingly, adopts a 5.3 percent rate as the City!s local CST for the period of October 1, 2001 through September 30, 2002. SECTION 2. Election to impose "maximum" rate; FY 2002-2003 and beyond, Pursuant to F.S. 202.20 the City of Sebastian hereby elects utilize the "maximum" rate thereunder and, accordingly, adopts a 5.1 percent rate as the City's local CST for the period of October 1, 2001 through September 30, 2002. SECTION 3. Election Not to Require and Collect Permit Fees. The City of Sebastian elects not to require and collect permits fees from any provider of communications services that uses or occupies municipal roads or rights-of-way for the provision of communications services. SECTION 4. Election to Increase Local Communications Services Tax. The rates set forth in Section 1 and 2 above do not include the permit fee add-on allowed by F.S. 337.401, and, accordingly, the City of Sebastian elects to increase its total rate for the local communications services tax as established above by an amount of 0.12% in lieu of imposing permit fees on communication serVice providers desiring to occupy City rights-of-way. SECTION 5. Aggregate Local Communications Services Tax Rates. In the aggregate, the initial CST for the City of Sebastian is 5.42 percent, to be effective October 1, 2001 through September 30, 2002. In the aggregate, the annualized CST rate thereafter is 5.22 percent to be effective October 1, 2002 and thereafter, unless changed by action of the City Council. SECTION 6. Notice to the Department of Revenue. The City Council of the City of Sebastian directs the City Clerk that notice of the above elections be provided to the Department of Revenue by certified mail no later than July 16, 2001, as provided in the Communications Services Tax Simplification Law. SECTION 7. Severability. The provisions of this Resolution are declared to be severable and if any section, sentence, clause or phrase of this Resolution shall,' for any reason, be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Resolution but shall remain in effect, it being the legislative intent that this Resolution shall stand notwithstanding the invalidity of any part. SECTION 8. Effective Date. The effective date of this irmnediately upon its passage by the City Council bfthe City of Sebastian. The foregoing Resolution was moved for adoption The motion was seconded by Councitmember upon being put to a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor Ben A. Bishop Councilmember Joe Barczyk Councilmember Edward J. Majcher, Jr. Councilmember James Hill Resolution shall be by CoUncilmember · and, The Mayor thereupon declared this Resolution duly passed and adopted this 11th day of July, 2001. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Mayor Walter Barnes Approved as to form and legality for reliance by the City of Sebastian only: Sally A. Maio, CMC Cky Clerk Rich Stringer, City Attorney City of Sebastian, Florida CITY ATTORNEY Subject: Resolution R-01-56; adopt preliminary stormwater rate AGENDA TRANSMITTAL Agenda No. 01.057 Date Submitted: 7/3/01 For Agenda of: 7/11/01 SUMMARY: A preliminary rate. of $4 per month is recommended as the preliminary ERU rate for stormwater utility charges, which will be subject to conversion factors for commercial and vacant land as well as credits for on-site retention/detemion facilities based upon sound engineering principles. This amount will then be factored into the values for each tax parcel in the City and included in a notice of the final rate adoption hearing on September 12th that will go out with the TRiM notices from the Property Appraiser per state law. RECOMMENDED ACTION: Adopt Resolution R-01-56. AUTHORIZED PLACEMENT ON AGENDA BY CITY MANAGE~~' RESOLUTIOI~ NO. R-01-56 A RESOLUTION OF TIlE cITY OF SEBASTIAN, FLORIDA, SETTING A PRELIMINARY STORMWATER UTI]LITY RATE FOR PURPOSES OF PUBLIC NOTICE; PROVIDING FOR NOTICE TO THE~ PROPERTY APPRAISER; PROVIDING AN EFFECTIVE DATE. WltEREAS, City Council is considering establishing a stormwater utility to address the health and safety needs of the citizens of Sebastian; and WHEREAS, the charges for said services, if adopted, would be collected under the uniform method for collection of non-ad valorem assessments under state law; and WHEREAS, under said statutory scheme, the maximum proposed charge and the notice of hearing for adoption of a final utility rate are included in the notice of proposed taxes (commonly called the "TRIM" Notice) mailed to leach property owner by the Property Appraiser of Indian River County; and WltEREAS, based upon the input Of the City's stormwater consultants, staff recommends a maximum stormwater utility rate of $4 per month per Equivalent Residemial Unit (ERU), which shall be adjusted to reach an equiValem fee for vacant and commercial lands, and further adjusted for engineering principles, credits for on-site retent ion/detention, all in accordance with sound NOW, THEREFORE, BE IT RESOL1VED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER cOUNTY, FLORIDA, as follows: Section 1. ADOPTION OF PRELIMINARY RATE. The City Council hereby adopts a preliminary maximum fee rate for the proposed Sebastian Stormwater Utility of four dollars ($4) per month per ERU. Staff is authorized to determine the equivalent charge for all commercial and vacant parcels within the City, appropriate credits for on-site retention/detention, principles. and further adjust this charge to reflect all in accordance with sound engineering Section 2.. SETTING HEARING AND AUTHORIZING TRANSMITTAL. A public hearing to adopt a final fee rate for stormwater charges for Fiscal Year 2001-2002 is hereby set for the regular City Council meeting of September 12, 2001, and staff is authorized to transmit the proposed charges as calculated under the rates adopted under Section 1, as well as the hearing date, to the Property Appraiser of Indian River County for inclusion on the TRIM Notice for the current year. Section 3. repealed. All Resolutions or parts of Resolutions in conflict herewith are hereby Section 4. This Resolution shall become effective immediately upon adoption. 2 The foregoing Resolution was moved for adoption The motion was seconded by Councilmember and, upon being put into a vote, the vote was as fbllows: by Councilmember Mayor Walter Barnes Vice Mayor Ben Bishop Councilmember Joe Barczyk · Councilmember James Hill Councilmember Edward Majcher The Mayor thereupon declared the ResolUtion dully passed and adopted this 1 lth day of July, 2001. ~ CITY OF SEBASTIAN, FLORIDA ATTEST: By: Walter Barnes, Mayor Sally A. Maio, CMC City Clerk (SEnt3 Approved as to form and legality for reliance by the City of Sebastian only: Richl Stringer, City Attorney City of Sebastian, Florida Subject: Ordinance O-01 - 17; mulching machine prohibition AGENDA TRANSMITTAL Agenda No. 01.179 Date Submitted: 7/3/01 For Agenda of: 7/11/01 SUMMARY: During adoption of the new Land Development Code, it was the intent of the Council to ban operation of large-scale free-standing mulching machines within the City limits. This ordinance shall accomplish that objective. RECOMMENDED ACTION: Pass Ordinance O-01-17 on first reading and schedule public hearing for August 8, 2001. AUTHORIZED PLACEMENT ON AGENDA BY cI'rY MANAG ' .~~'~ ORDINANCE[ NO. O-01-17 i AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES TO CREATE SECTION 50-54 CERTAIN MULCH MACHINES PROHIBITED; PRovIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE IiATE. WHEREAS, it is the finding of the City Council that commercial-type mulching machines are a health and safety threat to the Citizens and are not conducive to an urban setting; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That the Code of Ordirgmces, City of Sebastian, Florida, is hereby amended by adding a section, to be numbered !50-54, which said section shall read as follows:,' Sec. 50-54 Certain mulching maehines prohibited. It shall be unlawful to operate within the City limits any tub grinder, or any other mulching machine, having a tub or otherwise exposed chopping area with a diameter in excess of four feet. Section 2. CONFLICT. herewith are hereby repealed. All ordinances or parts of ordinances in conflict Section 3. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affeCted and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that i the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 4. EFFECTIVE DATE. immediately upon its adoption by the City Council. This Ordinance shall take effect The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor Ben A. Bishop' Councilmember Joe Barczyk Councilmember Edward J. Majcher, Jr. Councilmember James Hill The Mayor thereupon declared this Ordinance duly. passed and adopted this 8t~ day of August, 2001. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Mayor Walter Barnes Sally A. Maio, CMC City Clerk Approved as to form and legality for reliance by the City of Sebastian: Rich Stringer, City Attorney